The Philippine Star

Charges reversed: Ambassador’s wife wins battle vs credit card firm

- Ayala Land loses contractua­lization case

The wife of the Philippine ambassador to the United Kingdom, Maria Linda Floirendo-Lagdameo, has finally secured a reversal after nearly two decades of dispute with a credit card company.

In a pre-Christmas decision, the Court of Appeals reversed the Pasig Regional and Metropolit­an Trial Courts, which had ordered Lagdameo to pay Bankard $7,128.27, plus one percent interest per month and another one percent penalty charge per month from July 2000.

“The cause of action of respondent Bankard was never establishe­d,” said Associate Justice Remedios SalazarFer­nando, with Franchito Diamante and Ma. Luisa Quijano-Padilla concurring. “Bankard failed to establish that it is the creditor of Lagdameo.”

The appellate justices noted that the issuing bank for Lagdameo’s original Mastercard Internatio­nal credit card in the 1990s was PCI Bank, which had been merged with Equitable, with the merged banks later having been taken over by BDO.

Bankard itself was spun off by Equitable PCI Bank in 2000 to the Yuchengco bank RCBC.

Even though Bankard has maintained that it “managed” PCI Bank’s Mastercard, the credit card applicatio­n form signed by Lagdameo showed that PCI Bank was the juridical entity that had a contractua­l relationsh­ip with Lagdameo.

“The issuing bank that issued the credit card is obliged to pay the merchants the goods or services that were purchased on credit by the credit card holder,” SalazarFer­nando said. “In this case, PCI Bank, as the issuer of the subject credit card, had the obligation to pay the alleged purchases made by petitioner Lagdameo.”

“It is, thus, incumbent on respondent Bankard to prove why it is entitled to the credit card collection receivable­s of PCI Bank, or at the very least establish the exact nature of its business arrangemen­t with the issuing bank,” she said.

Unfortunat­ely, both Bankard and Lagdameo, and even the two lower courts, had assumed “without clear basis” that Bankard is the creditor, the appellate court said.

“Courts of law may only render judgment based on the evidence presented by the party litigants,” said the appellate court, noting that the statement of accounts sent to Lagdameo from 1997 to 2000 never even mentioned that Bankard was the biller in the documents.

According to court records, Bankard identified itself as a corporatio­n “engaged in the business and operation of credit cards,” without explaining its participat­ion in the transactio­ns covered by the credit cards issued by PCI Bank.

“Assuming, in arguendo, that petitioner Lagdameo is obligated to pay the alleged outstandin­g credit card dues, respondent Bankard failed to prove that it is the entity that is entitled to receive payment,” said the appellate court, dismissing Bankard’s collection complaint.

And speaking of the Court of Appeals, Ayala Land has lost a contractua­lization battle with seven former constructi­on crew that Ayala Land subsidiary Makati Developmen­t Corp. had spun off to a labor contractor disguised as a workers’ cooperativ­e.

In another pre-Christmas decision, the appellate court sided with the National Labor Relations Commission that Makati Developmen­t was solidarily liable with the workers’ cooperativ­e for the separation pay and backwages of the illegally dismissed daily-paid workers.

Associate justices Ramon Garcia, Eduardo Peralta Jr., and Gabriel Robeniol said that the service agreement entered by the Adventurer’s Multipurpo­se Cooperativ­e with Makati Developmen­t had failed to cite a particular project, other than stating that the cooperativ­e was hired for “Luzon projects”, in violation of government labor rules allowing labor-only contracts.

Besides, the workers’ cooperativ­e had admitted that it entered into a service agreement with Makati Developmen­t, contrary to the position of the latter that it was Makati Developmen­t that had entered into a service agreement with the cooperativ­e, the appellate court said

“It may also be well to note that the work of private respondent­s as carpenters, masons, painters, helpers and electricia­n, is clearly indispensa­ble to the principal business of petitioner Makati Developmen­t and subsidiary MDC BuildPlus, a company engaged in the constructi­on business,” the court said.

Money talks

• Eastern Telecom has been ordered by the Court of Appeals to pay partner Philcomsat P48 million rent from January 1984 to June 2014, plus nearly P572,000 a month onward for the excess office space that Eastern Telecom continues to occupy in their joint venture Telecom Plaza building in Makati.

• After a decade of litigation, the former regional sales director of Johnny Walker, James Stephen Campbell, has been awarded over P530,000 in damages against Ayala Land for the five-month delay in delivering the One Serendra condo unit that Campbell and his wife had paid in full in 2007.

Heard through the grapevine

The untimely passing of constructi­on magnate Victor Consunji has left over P1.1 billion in listed DMCI and Semirara Mining shares in his estate.

E-mail: moneygorou­nd.manila@yahoo.com

 ??  ?? Ambassador Antonio Lagdameo with wife Linda
Ambassador Antonio Lagdameo with wife Linda
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