Albenson Enterprise v.

CA, 217 SCRA 16

BIDIN, J.:

Facts:
Albenson Ent. delivered mild steel plates to Guaranteed
Industries Inc. A Pacific Banking Corporation Check was paid
and drawn against the account of EL Woodworks. Check was
later dishonored for the reason “Account Closed.” Company
traced source of check and later discovered that the
signature belonged to one Eugenio Baltao. Albenson made
an extrajudicial demand upon Baltao but later denied that he
issued the check or that the signature was his. Company
filed a complaint against Baltao for violation of BP 22. It was
later discovered that private respondent had son: Eugene
Baltao III, who manages the business establishment, EL
Woodworks. No effort from the father to inform Albenson of
such information. Rather the father filed complaint for
damages against Albenson.
Issue:
Whether there is indeed cause for the damages against
Albenson Enterprise.
Held:
Based on Art 19, 20, 21 of the civil code, petitioners
didn’t have the intent to cause damage to the respondent or
enrich themselves but just to collect what was due to them.
There was no abuse of right on the part of Albenson on
accusing Baltao of BP 22.Albenson Corp. honestly believed
that it was private respondent who issued check based on ff.
inquiries:
- SEC records showed that president to Guaranteed was
Eugene Baltao
- Bank said signature belonged to EB
- EB did not do his part in clarifying that there were in fact 3
Ebs, Jr., Sr. and the III.
- There was no malicious prosecution on the part of
Albenson: there must be proof that:
- The prosecution was prompted by a sinister design to vex
and humiliate a person and that damages was initiated
deliberately by defendant knowing that his charges were
false and groundless Elements of abuse of right under Article
19:
1. There is a legal right or duty
2. Exercised in bad faith
3. For the sole intent of prejudicing or injuring another
Element under Article 21: contra bonus mores:
1. There is an act which is legal
2. But which is contrary to morals, good custom, public
order or public policy
3. It is done with intent to injure. A person who has not
been paid an obligation owed to him will naturally seek
ways to compel the debtor to pay him. It was normal
for petitioners to find means to make the issuer of the
check pay the amount thereof. In the absence of a
wrongful act or omission or of fraud or bad faith, moral
damages cannot be awarded and that the adverse
result of an action does not per se make the action
wrongful and subject the actor to the payment of
damages, for the law could not have meant to impose a
penalty on the right to litigate