Macalinao vs BPI G.R. No. 175490 September 17, 2009.docx

Macalinao vs BPI G.R. No. 175490 September 17, 2009.docx

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Art 1229 – NCC – G.R. No. 175490 September 17, 2009 ILEANA DR. MACALINAO, Petitioner, vs. BANK OF THE PHILIPPINE ISLANDS, Respondent. D E C I S I O N VELASCO, JR., J.: The Case Before us is a Petition for Review on Certiorari under Rule 45 of the Rules of Court seeking to reverse and set aside the June 30, 2006 Decision 1 of the Court of Appeals (CA) and its November 21, 2006 Resolution 2 denying petitioner’s motion for reconsideration. The Facts Petitioner Ileana Macalinao was an approved cardholder of BPI Mastercard, one of the credit card facilities of respondent Bank of the Philippine Islands (BPI). 3 Petitioner Macalinao made some purchases through the use of the said credit card and defaulted in paying for said purchases. She subsequently received a letter dated January 5, 2004 from respondent BPI, demanding payment of the amount of one hundred forty-one thousand five hundred eighteen pesos and thirty- four centavos (PhP 141,518.34), as follows: Statement Date Previous Balance Purchases (Payments) Penalty Interest Finance Charges Balance Due 10/27/200 2 94,843.70 559.72 3,061.99 98,456.4 1 11/27/200 98,465.41 (15,000) 0 2,885.61 86,351.0 2 2 12/31/200 2 86,351.02 30,308.80 259.05 2,806.41 119,752. 28 1/27/2003 119,752.28 618.23 3,891.07 124,234. 58 2/27/2003 124,234.58 990.93 4,037.62 129,263. 13 3/27/2003 129,263.13 (18,000.00) 298.72 3,616.05 115,177. 90 4/27/2003 115,177.90 644.26 3,743.28 119,565. 44 5/27/2003 119,565.44 (10,000.00) 402.95 3,571.71 113,540. 10 6/29/2003 113,540.10 8,362.50 (7,000.00) 323.57 3,607.32 118,833. 49 7/27/2003 118,833.49 608.07 3,862.09 123,375. 65 8/27/2003 123,375.65 1,050.20 4,009.71 128,435. 56 9/28/2003 128,435.56 1,435.51 4,174.16 134,045. 23 10/28/200 3 11/28/200 3 12/28/200 3 1/27/2004 141,518.34 8,491.10 4,599.34 154,608. 78 Under the Terms and Conditions Governing the Issuance and Use of the BPI Credit and BPI Mastercard, the charges or balance thereof remaining unpaid after the payment due date indicated on the Page 1 of 8
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monthly Statement of Accounts shall bear interest at the rate of 3% per month and an additional penalty fee equivalent to another 3% per month. Particularly: 8. PAYMENT OF CHARGES – BCC shall furnish the Cardholder a monthly Statement of Account (SOA) and the Cardholder agrees that all charges made through the use of the CARD shall be paid by the Cardholder as stated in the SOA on or before the last day for payment, which is twenty (20) days from the date of the said SOA, and such payment due date may be changed to an earlier date if the Cardholder’s account is considered overdue and/or with balances in excess of the approved credit limit, or to such other date as may be deemed proper by the CARD issuer with notice to the Cardholder on the same monthly SOA. If the last day fall on a Saturday, Sunday or a holiday, the last day for the payment automatically becomes the last working day prior to said payment date. However, notwithstanding the absence or lack of proof of service of the SOA of the Cardholder, the latter shall pay any and all charges made through the use of the CARD within thirty (30) days from date or dates thereof. Failure of the Cardholder to pay the charges made through the CARD within the payment period as stated in the SOA or within thirty (30) days from actual date or dates of purchase whichever occur earlier, shall render him in default without the necessity of demand from BCC, which the Cardholder expressly waives. The charges or balance thereof remaining unpaid after the payment due date indicated on the
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  • Fall '19
  • Interest Rate, Credit card, BPI, Trial court, Ileana Dr. Macalinao

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