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EQUITABLE PCI BANK v. NG SHEUNG NGOR** DOING BUSINESS UNDER NAME

This case has been cited 3 times or more.

	GR No. 187678 2013-04-10	SPS. IGNACIO F. JUICO v. CHINA BANKING CORPORATION VILLARAMA, JR., J.
Escalation clauses refer to stipulations allowing an increase in the interest rate agreed upon by the contracting parties. This Court has long recognized that there is nothing inherently wrong with escalation clauses which are valid stipulations in commercial contracts to maintain fiscal stability and to retain the value of money in long term contracts.[22] Hence, such stipulations are not void per se.[23]
	GR No. 164549 2009-09-18	PHILIPPINE NATIONAL BANK v. SPS. AGUSTIN AND PILAR ROCAMORA BRION, J.
We are not sufficiently convinced that PNB acted fraudulently, in bad faith, or in wanton disregard of its contractual obligations, simply because it increased the interest rates and delayed the foreclosure of the mortgages. Bad faith cannot be imputed simply because the defendant acted with bad judgment or with attendant negligence. Bad faith is more than these; it pertains to a dishonest purpose, to some moral obliquity, or to the conscious doing of a wrong, a breach of a known duty attributable to a motive, interest or ill will that partakes of the nature of fraud.[33] Proof of actions of this character is undisputably lacking in this case. Consequently, we do not find the spouses Rocamora entitled to an award of moral and exemplary damages. Under these circumstances, neither should they recover attorney's fees and litigation expense.[34] These awards are accordingly deleted.
	GR No. 168787 2008-09-03	DEPARTMENT OF AGRARIAN REFORM v. POLO COCONUT PLANTATION CO. CORONA, J.
Moreover, a special civil action for certiorari under Rule 65 of the Rules of Court can be availed of only in the absence of an appeal or any plain, speedy and adequate remedy in the ordinary course of law.[22] Here, recourse to the DAR Secretary was the plain, speedy and adequate remedy in the ordinary course of law contemplated by Rule 65.