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    Spouses Yulo v. Bank of The Philippine Islands

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    Carlota Nicolas Villaroman
    The Supreme Court ruled that petitioners Yulo Spouses were not bound by the terms and conditions of the credit cards issued by BPI because BPI failed to prove that Rainier consented to or authorized the terms. Specifically, BPI did not substantiate its claim that Rainier authorized his purported representative, Baitan, to receive the credit card packet. As the recipient of an unsolicited pre-approved credit card, Rainier's consent was not apparent and BPI bore the burden of proving his consent. While Rainier admitted to using the card and receiving statements of account, the Court ruled he could only be charged the outstanding balance plus legal interest rates, not the penalties and interests in the terms.

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    Spouses Yulo v. Bank of The Philippine Islands

    Uploaded by

    Carlota Nicolas Villaroman
    150 views2 pages
    The Supreme Court ruled that petitioners Yulo Spouses were not bound by the terms and conditions of the credit cards issued by BPI because BPI failed to prove that Rainier consented to or authorized the terms. Specifically, BPI did not substantiate its claim that Rainier authorized his purported representative, Baitan, to receive the credit card packet. As the recipient of an unsolicited pre-approved credit card, Rainier's consent was not apparent and BPI bore the burden of proving his consent. While Rainier admitted to using the card and receiving statements of account, the Court ruled he could only be charged the outstanding balance plus legal interest rates, not the penalties and interests in the terms.

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    Spouses Yulo v. Bank of the Philippine Islands

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    Spouses Yulo v. Bank of the Philippine Islands

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    The Supreme Court ruled that petitioners Yulo Spouses were not bound by the terms and conditions of the credit cards issued by BPI because BPI failed to prove that Rainier consented to or authorized the terms. Specifically, BPI did not substantiate its claim that Rainier authorized his purported representative, Baitan, to receive the credit card packet. As the recipient of an unsolicited pre-approved credit card, Rainier's consent was not apparent and BPI bore the burden of proving his consent. While Rainier admitted to using the card and receiving statements of account, the Court ruled he could only be charged the outstanding balance plus legal interest rates, not the penalties and interests in the terms.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    150 views2 pages

    Spouses Yulo v. Bank of The Philippine Islands

    Uploaded by

    Carlota Nicolas Villaroman
    The Supreme Court ruled that petitioners Yulo Spouses were not bound by the terms and conditions of the credit cards issued by BPI because BPI failed to prove that Rainier consented to or authorized the terms. Specifically, BPI did not substantiate its claim that Rainier authorized his purported representative, Baitan, to receive the credit card packet. As the recipient of an unsolicited pre-approved credit card, Rainier's consent was not apparent and BPI bore the burden of proving his consent. While Rainier admitted to using the card and receiving statements of account, the Court ruled he could only be charged the outstanding balance plus legal interest rates, not the penalties and interests in the terms.

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    © All Rights Reserved
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    of 2

    A CONTRACT OF AGENCY IS CREATED WHEN A PERSON ACTS FOR OR ON BEHALF OF A

    PRINCIPAL, WITH THE LATTER'S CONSENT OR AUTHORITY


    Unless required by law, an agency does not require a particular form, and may be express or implied
    from the acts or silence of the principal. The essential elements of agency are: (1) there is consent,
    express or implied, of the parties to establish the relationship; (2) the object is the execution of a juridical
    act in relation to a third person; (3) the agents acts as a representative and not for himself; and (4) the
    agent acts within the scope of his authority (Spouses Rainier Jose M. Yulo and Juliet L. Yulo vs.
    Bank of the Philippine Islands, G.R. No. 217044, January 16, 2019).

    x—————x

    A CONTRACT OF AGENCY IS CREATED WHEN A PERSON ACTS FOR OR ON BEHALF OF A


    PRINCIPAL, WITH THE LATTER'S CONSENT OR AUTHORITY
    Unless required by law, an agency does not require a particular form, and may be express or implied
    from the acts or silence of the principal. The essential elements of agency are: (1) there is consent,
    express or implied, of the parties to establish the relationship; (2) the object is the execution of a juridical
    act in relation to a third person; (3) the agents acts as a representative and not for himself; and (4) the
    agent acts within the scope of his authority (Spouses Rainier Jose M. Yulo and Juliet L. Yulo vs.
    Bank of the Philippine Islands, G.R. No. 217044, January 16, 2019).

    Spouses Rainier Jose M. Yulo and Juliet L. Yulo vs. Bank of the Philippine Islands
    G.R. No. 217044, January 16, 2019
    Leonen, J.

    FACTS:
    On 2006, the Bank of the Philippine Islands (BPI) issued Rainier a pre-approved credit card. His wife,
    Juliet, was also given a credit card as an extension of his account. Rainier and Juliet (the Yulo Spouses)
    used their respective credit cards by regularly charging goods and services on them.

    The Yulo Spouses regularly settled their accounts with the BPI at first, but started to be delinquent with
    their payments by July 2008. On November 11, 2008, the BPI sent Spouses Yulo a Demand Letter for
    the immediate payment of their outstanding balance of ₱253,017.62. On February 12, 2009, the BPI
    sent another Demand Letter for the immediate settlement of their outstanding balance of ₱325,398.42.

    On February 23, 2009, the BPI filed a Complaint before the MeTC of Makati City for sum of money
    against the Yulo Spouses. Yulo Spouses alleged that the BPI did not fully disclose to them the Terms
    and Conditions on their use of the issued credit cards. The MeTC found that the BPI successfully proved
    by preponderance of evidence that the Yulo Spouses failed to comply with the Terms and Conditions of
    their contract. The RTC affirmed the MeTC Decision. The CA concurred with the RTC's finding that
    Rainier, through his authorized representative, received the pre-approved credit card issued by the BPI,
    and thus, agreed to be bound by its Terms and Conditions.

    In their Petition for Review on Certiorari, Yulo Spouses assert that BPI failed to substantiate its claim
    that he consented to the Terms and Conditions. They claim that BPI failed to prove that it ascertained
    the authority of Baitan, Rainier's purported authorized representative, before handing her the credit card
    packet. BPI maintains that when petitioners used their credit cards, they bound themselves to its Terms
    and Conditions in the credit card packet's Delivery Receipt.

    ISSUE:
    Whether or not petitioners Yulo Spouses are bound by the Terms and Conditions on their use of credit
    cards issued by BPI.

    HELD:
    NO. When a credit card provider issues a credit card to a pre-approved or pre-screened client, the usual
    screening processes "such as the filing of an application form and submission of other relevant
    documents prior to the issuance of a credit card, are dispensed with and the credit card is issued
    outright." As the recipient of an unsolicited credit card, the pre-screened client can then choose to either
    accept or reject it.

    VILLAROMAN 1
    As a pre-screened client, Rainier did not submit or sign any application form as a condition for the
    issuance of a credit card in his account. Unlike a credit card issued through an application form, with the
    applicant explicitly consenting to the Terms and Conditions on credit accommodation use, a pre-
    screened credit card holder's consent is not immediately apparent. Thus, BPI had the burden of
    proving its allegation that Rainier consented to the Terms and Conditions surrounding the use of the
    credit card issued to him.

    While the Delivery Receipt showed that Baitan received the credit card packet for Rainier, it failed to
    indicate Baitan's relationship with him. BPI also failed to substantiate its claim that Rainier
    authorized Baitan to act on his behalf and receive his pre-approved credit card. The only evidence
    presented was the check mark in the box beside "Authorized Representative" in the Delivery Receipt.
    This self-serving evidence is obviously insufficient to sustain BPI's claim.

    A contract of agency is created when a person acts for or on behalf of a principal, with the latter's consent
    or authority. Unless required by law, an agency does not require a particular form, and may be express
    or implied from the acts or silence of the principal. Rallos v. Felix Go Chan & Sons Realty Corporation
    lays down the elements of agency: Out of the above given principles, sprung the creation an acceptance
    of the relationship of agency whereby one party, called the principal (mandante), authorizes another,
    called the agent (mandatario), to act for find (sic) in his behalf in transactions with third persons. The
    essential elements of agency are: (1) there is consent, express or implied, of the parties to establish the
    relationship; (2) the object is the execution of a juridical act in relation to a third person; (3) the agents
    (sic) acts as a representative and not for himself; and (4) the agent acts within the scope of his authority.

    BPI fell short in establishing an agency relationship between Rainier and Baitan, as the evidence
    presented did not support its claim that Rainier authorized Baitan to act on his behalf. Without proof that
    Rainier read and agreed to the Terms and Conditions of his pre-approved credit card, petitioners cannot
    be bound by it.

    When petitioners accepted BPI's credit card by using it to purchase goods and services, a contractual
    relationship was created between them, "governed by the Terms and Conditions found in the card
    membership agreement. Such terms and conditions constitute the law between the parties." Under
    Payment of Charges in the Terms and Conditions, petitioners would be furnished monthly SOA and
    would have a 20-day period from the statement date to settle their outstanding balance, or the minimum
    required payment. However, with BPI's failure to prove Rainier's conformity and acceptance of the Terms
    and Conditions, petitioners cannot be bound by its provisions.

    NONETHELESS, Rainier admitted to receiving the SOA from BPI, and was aware of the interest rate
    charges imposed by BPI. In his testimony, he even categorically admitted that he was not disputing the
    transactions and purchases he made before his default in payment and his account's freezing. This case
    thus falls squarely within Alcaraz v. CA and Ledda v. BPI, where the credit card provider also failed to
    prove the pre-screened client's consent to the credit card's terms and conditions. Alcaraz ruled that when
    the credit card provider failed to prove its client's consent, even if the latter did not deny availing of the
    credit card by charging purchases on it, the credit card client may only be charged with legal
    interest.

    The records reveal that as of the July 9, 2008 SOA, petitioners had an outstanding balance of
    ₱229,378.68. However, since Rainier did not consent to the Terms and Conditions governing his credit
    card, there is a need to modify the outstanding balance by removing the interests, penalties, and
    other charges imposed before and on the July 9, 2008 SOA. Thus, the finance charges, penalties,
    and interests amounting to ₱9,321.17 should be deducted from the outstanding balance of ₱229,378.68,
    leaving a new outstanding balance of ₱220,057.51. This outstanding balance shall then be subjected to
    12% legal interest from November 11, 2008, the date of respondent's first extrajudicial demand, until
    June 30, 2013, and 6% legal interest from July 1, 2013 until fully paid.

    VILLAROMAN 2

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