
CA orders credit card debtor to pay P3.3 million in debt.
MANILA – A municipal court’s ruling requiring a woman from Pampanga to clear her PHP3.34 million credit card debts with a bank was affirmed by the Court of Appeals.
Eliza Lazo must pay BDO Unibank PHP2.788 million plus interest calculated from October 2015, as well as the expense of the suit, according to the CA Fourteenth Division, who noted that the defendant has an “apparent tendency for violating court decisions.”
Lazo filed an omnibus petition to cross-examine BDO’s lone witness, but the CA claimed she did not show up for the Makati Regional Trial Court’s six pre-trial hearings (RTC).
“The Court concludes that the latter is clearly not entitled to any additional procedural relaxation.” “We discover that the RTC has already eased the rules significantly favor Lazo,” the CA stated.
Lazo stated that she was never given a copy of the application paperwork by BDO and that when she applied for the credit cards, she was simply told to sign the documents without being informed of the terms and conditions.
She further claimed that the contracts containing the terms and conditions of her credit cards are contracts of adhesion, which must be ruled unlawful because one party has much more power than the other.
BDO’s complaint included inadequate statements of account, according to Lazo, with the majority of the sums stated being finance charges that BDO failed to explain in relation to her principal account, in violation of Republic Act (RA) No. 3765, or the Truth in Lending Act.
“It is the policy of the State to safeguard its citizens from a lack of awareness of the true cost of credit to the user by ensuring a full disclosure of such cost in order to prevent the misinformed use of credit to the detriment of the national economy,” according to RA 3765.
After repeatedly failing to show up for hearings at the lower court, the woman filed a complaint with the CA, alleging that the Makati court had violated her right to due process.
“Indeed, the relaxation of procedural standards for the sake of justice was never designed to give erring litigants carte blanche to break the laws. Despite the fact that litigation is not a game of technicalities, every case must be pursued in accordance with the specified procedure to ensure an orderly and timely administration of justice “The CA made its decision. (
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