This case has been cited 2 times or more.
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2014-10-08 |
BERSAMIN, J. |
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| The relationship between the credit card issuer and the credit card holder is a contractual one that is governed by the terms and conditions found in the card membership agreement.[16] Such terms and conditions constitute the law between the parties. In case of their breach, moral damages may be recovered where the defendant is shown to have acted fraudulently or in bad faith.[17] Malice or bad faith implies a conscious and intentional design to do a wrongful act for a dishonest purpose or moral obliquity.[18] However, a conscious or intentional design need not always be present because negligence may occasionally be so gross as to amount to malice or bad faith.[19] Hence, bad faith in the context of Article 2220 of the Civil Code includes gross negligence.[20] | |||||
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2013-10-23 |
PERALTA, J. |
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| Under the abuse of rights principle found in Article 19 of the Civil Code, a person must, in the exercise of legal right or duty, act in good faith. He would be liable if he instead acted in bad faith, with intent to prejudice another.[34] Good faith refers to the state of mind which is manifested by the acts of the individual concerned. It consists of the intention to abstain from taking an unconscionable and unscrupulous advantage of another.[35] Malice or bad faith, on the other hand, implies a conscious and intentional design to do a wrongful act for a dishonest purpose or moral obliquity.[36] | |||||