4/16/2021
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respondent bank. In its decision dated May 24, 1991, it held respondent bank solely
culpable and fully exonerated the other private respondents. It also upheld petitioner's
claims for moral damages, for the mental anguish that he suffered, and exemplary
damages, to remind respondent bank "that it should always act with care and caution
in handling the money of its depositors in order to uphold the faith and confidence of its
depositors to banking institutions xxx".[9] Thus, the dispositive part of the said decision
read:
WHEREFORE, judgment is hereby rendered in favor of plaintiff and against
defendant and third-party plaintiff, Rizal Commercial Banking Corporation,
ordering the latter to pay plaintiff the following sums:
1)
US$100,000.00, or its equivalent according to Central Bank
rate at the time payment is actually made with interest
thereon at 12% per annum from June 26, 1987, when the
complaint was filed, until fully paid;
2)
P30,000.00 as moral damages;
3)
P20,000.00 as exemplary damages; and
4)
20% of the total amount due to the plaintiff as attorney's fees
and litigation expenses, all three foregoing items with interest
at 12% per annum from date hereof.
The defendant
dismissed.
bank's
counterclaims
and
third-party
complaint
are
The third-party defendants' counterclaims are likewise dismissed.
Costs against defendant.
SO ORDERED.[10]
Respondent bank and third-party defendants sought reconsideration of the above
decision and on September 2, 1991, Judge Migriño amended his decision to hold
Papercon and Tom Pek solidarily liable with respondent bank. He also changed the
interest rate for the US$100,000 from 12% to 6% per annum, charged interest for the
awards of moral damages and exemplary damages until they are paid, and reduced the
award of attorney's fees from 20% to 10% of the total monetary awards. Following is
the dispositive portion of the RTC decision, as modified:
WHEREFORE, judgment is hereby rendered:
On the Main Action
1. Ordering the defendant Rizal Commercial Banking Corporation to pay
the plaintiff Chiang Yia Min the following sums:
a)
US$100,000.00,
or
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/50982
its
equivalent
in
Philippine
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