Recovery for the negligence of the defendant where it

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recovery for the negligence of the defendant where it appears that the defendant, by exercising reasonable care and prudence, might have avoided injurious consequences to the plaintiff notwithstanding the plaintiff's negligence. The doctrine necessarily assumes negligence on the part of the defendant and contributory negligence on the part of the plaintiff, and does not apply except upon that assumption. Stated differently, the antecedent negligence of the plaintiff does not preclude him from recovering damages caused by the supervening negligence of the defendant, who had the last fair chance to prevent the impending harm by the exercise of due diligence. Moreover, in situations where the doctrine has been applied, it was defendant's failure to exercise such ordinary care, having the last clear chance to avoid loss or injury, which was the proximate cause of the occurrence of such loss or injury. [16] As pointed out by the Court of Appeals, BPI had the last clear chance to prove that all the dollar bills it issued to the spouses Quiaoit were genuine and that the counterfeit bills did not come from it if only it listed down the serial numbers of the bills. BPI's lapses in processing the transaction fall below the extraordinary diligence required of it as a banking institution. Hence, it must bear the consequences of its action. Respondents are entitled to moral damages and attorney's fees
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We sustain the award of moral damages to the spouses Quiaoit. In Pilipinas Bank v. Court of Appeals, [17] the Court sustained the award of moral damages and explained that while the bank's negligence may not have been attended with malice and bad faith, it caused serious anxiety, embarrassment, and humiliation to respondents. We apply the same in this case. In this case, it was established that the spouses Quiaoit suffered serious anxiety, embarrassment, humiliation, and even threats of being taken to police authorities for using counterfeit bills. Hence, they are entitled to the moral damages awarded by the trial court and the Court of Appeals. Nevertheless, we delete the award of exemplary damages since it does not appear that BPI's negligence was attended with malice and bad faith. We sustain the award of attorney's fees because the spouses Quiaoit were forced to litigate to protect their rights. WHEREFORE, we DENY the petition. We AFFIRM the 22 September 2011 Decision and the 29 November 2011 Resolution of the Court of Appeals in CA-G.R. CV No. 94141 with MODIFICATION by deleting the award of exemplary damages. SO ORDERED. G.R. No. 191636, January 16, 2017 PRUDENTIAL BANK (NOW BANK OF THE PHILIPPINE ISLANDS) , Petitioner , v. RONALD RAPANOT AND HOUSING & LAND USE REGULATORY BOARD , Respondents . D E C I S I O N CAGUIOA, J: Only questions of law may be raised in petitions for review on certiorari brought before this Court under Rule 45, since this Court is not a trier of facts. While there are recognized exceptions which warrant review of factual findings, mere assertion of these exceptions does not suffice. It is incumbent upon the party seeking review to overcome the burden of
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