aznar vs citibank.docx - Republic of the Philippines SUPREME COURT Manila THIRD DIVISION G.R No 164273 EMMANUEL B AZNAR Petitioner vs CITIBANK

aznar vs citibank.docx - Republic of the Philippines...

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Republic of the Philippines SUPREME COURT Manila THIRD DIVISION G.R. No. 164273 March 28, 2007 EMMANUEL B. AZNAR, Petitioner, vs. CITIBANK, N.A., (Philippines), Respondent. D E C I S I O N AUSTRIA-MARTINEZ, J.: Before this Court is a Petition for Review assailing the Decision 1 of the Court of Appeals (CA) in CA- G.R. CV No. 62554 dated January 30, 2004 which set aside the November 25, 1998 Order of the Regional Trial Court (RTC) Branch 10, Cebu City and reinstated the Decision of RTC Branch 20 of Cebu City dated May 29, 1998 in Civil Case No. CEB-16474; and the CA Resolution dated May 26, 2004 denying petitioner’s motion for reconsideration. The facts are as follows: Emmanuel B. Aznar (Aznar), a known businessman 2 in Cebu, is a holder of a Preferred Master Credit Card (Mastercard) bearing number 5423-3920-0786-7012 issued by Citibank with a credit limit of P 150,000.00. As he and his wife, Zoraida, planned to take their two grandchildren, Melissa and Richard Beane, on an Asian tour, Aznar made a total advance deposit ofP 485,000.00 with Citibank with the intention of increasing his credit limit to P 635,000.00. 3 With the use of his Mastercard, Aznar purchased plane tickets to Kuala Lumpur for his group worth P 237,000.00. On July 17, 1994, Aznar, his wife and grandchildren left Cebu for the said destination. 4 Aznar claims that when he presented his Mastercard in some establishments in Malaysia, Singapore and Indonesia, the same was not honored. 5 And when he tried to use the same in Ingtan Tour and Travel Agency (Ingtan Agency) in Indonesia to purchase plane tickets to Bali, it was again dishonored for the reason that his card was blacklisted by Citibank. Such dishonor forced him to buy the tickets in cash. 6 He further claims that his humiliation caused by the denial of his card was aggravated when Ingtan Agency spoke of swindlers trying to use blacklisted cards. 7 Aznar and his group returned to the Philippines on August 10, 1994. 8 On August 26, 1994, Aznar filed a complaint for damages against Citibank, docketed as Civil Case No. CEB-16474 and raffled to RTC Branch 20, Cebu City, claiming that Citibank fraudulently or with gross negligence blacklisted his Mastercard which forced him, his wife and grandchildren to abort important tour destinations and prevented them from buying certain items in their tour. 9 He further claimed that he suffered mental anguish, serious anxiety, wounded feelings, besmirched reputation and social humiliation due to the wrongful blacklisting of his card. 10 To prove that Citibank blacklisted his Mastercard, Aznar presented a computer print-out, denominated as ON-LINE AUTHORIZATIONS FOREIGN ACCOUNT ACTIVITY REPORT, issued to him by Ingtan Agency
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(Exh. "G") with the signature of one Victrina Elnado Nubi (Nubi) 11 which shows that his card in question was "DECL OVERLIMIT" or declared over the limit. 12 Citibank denied the allegation that it blacklisted Aznar’s card. It also contended that under the terms and conditions governing the issuance and use of its credit cards, Citibank is exempt from any liability for the dishonor of its cards by any merchant affiliate, and that its liability for any action or
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  • Summer '18
  • 111
  • Credit card, Supreme Court of the United States, Citibank, MasterCard, Emmanuel B. Aznar

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