Petitioner
Philippine Bank of Communications
Respondent
Elenita B. Trazo
Citation
G.R. No. 165500
Court
Supreme Court
Division
First Division
Ponente
Chico-Nazario, J.
Decided
August 30, 2006

Summary

Former PBCOM employee Elenita Trazo sued her ex-employer and its officer for damages after they directed her bank to debit P7,000 from her personal account without notice, causing her checks to bounce. The RTC dismissed for improper venue and lack of cause of action. The Court of Appeals reversed, finding the venue clause non-exclusive and sufficient cause of action for abuse of rights. The Supreme Court affirmed, holding that the complaint adequately alleged violation of Trazo's property rights under Civil Code Article 20, as defendants lacked authority to unilaterally order debiting of her personal account. The Court emphasized that defendants acted without legal basis in directing the debit, constituting an unlawful act causing damage to plaintiff's property rights and reputation.

Statutes applied

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By Intellegal Editorial Board · August 30, 2006

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