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September 11, 2016

Doctrine: The act that breaks the contract may also be a tort.

TORTS: The act that breaks the contract may also be a tort.

Singson issued a check that was dishonored by BPI. By reason of such dishonor, his account with the bank was closed. After Singson claimed that his BPI account was not included in the writ of garnishment issued to BPI, the bank President Santiago Friexas rectified the mistake. Thereafter, Singson filed an action for damages. The lower court ruled that the damages for quasi-delict cannot be sustained because the relationship of Singson and BPI is contractual.

The Supreme Court said that the existence of a contract between the parties does not bar the commission of a tort by the one against the order and the consequent recovery of damages therefor. The act that breaks the contract may also be a tort. BPI was made liable to Singson. 

(Awarded: nominal damages and attorney’s fees apart from cost)

Source: 
  • Singson vs. BPI
  • G.R. No. L-24837           
  • June 27, 1968
  • CONCEPCION, C.J.


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