THE COURT of Appeals (CA) has denied an appeal of a client of BDO Unibank, Inc. to dismiss a trial court’s decision ordering the payment of P2.8 million plus 6% interest of unpaid credit card bills.
In a 16-page resolution dated Mar. 10, the appellate court affirmed a Regional Trial Court’s (RTC) decision promulgated in 2020, which ruled that the bank was able to submit sufficient evidence to prove it issued two credit cards to the client, which accumulated unpaid transactions.
The client argued that she was never presented by the bank a copy of the application forms for the two credit cards in question, noting she was only instructed to sign application forms without any explanation of the terms and conditions.
The trial court cited in its decision that the client was absent on several of the pre-trial conferences. The court then allowed BDO to present evidence despite the absence of the defendant.
In the CA filing, the petitioner claimed that the lower court made an error in allowing the bank to present evidence and denying her motion to cross-examine the bank’s witness. She added that the prior ruling was based on a technicality and a violation of due process.
The appeals court upheld the trial court’s ruling, saying the client was given more than enough considerations.
“After having been granted liberality by the trial court, the records show that the defendant reciprocated the RTC’s generosity by not attending the next four rescheduled pre-trial conferences,” the CA said in its ruling. “The court finds that the latter is clearly not entitled to any further relaxation of the procedural rules,” it added. — John Victor D. Ordoñez