SECOND DIVISION
[G.R. No. 246988. July 29, 2019.]
REX G. RICO, petitioner, vs.EASTWEST BANKING CORPORATION, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated29 July 2019which reads as follows:
"G.R. No. 246988 (Rex G. Rico v. Eastwest Banking Corporation)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the February 18, 2019 Decision 2 and the May 8, 2019 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 158338 for failure of petitioner Rex G. Rico (petitioner) to sufficiently show that the CA committed any reversible error in upholding his liability to pay the amount of P14,996.49 to respondent Eastwest Banking Corporation (respondent), representing his unpaid credit card purchase, as well as the corresponding interest and other charges.
As correctly ruled by the CA, proof of payment by respondent to the tailor was not necessary, as petitioner was contractually bound to pay the former for all his purchases made with the use of the credit card, notwithstanding the existence of a dispute between him and merchant establishments. 4 Settled is the rule that factual findings of trial courts, especially when affirmed by the CA, deserve respect and finality by this Court. 5 Although there are exceptions to this rule, 6 none of which obtain in this case.
SO ORDERED."
Very truly yours,
(SDG.) MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 10-25.
2.Id. at 30-36. Penned by Associate Justice Franchito N. Diamante with Presiding Justice Romeo F. Barza and Associate Justice Jhosep Y. Lopez, concurring.
3.Id. at 38-39.
4.Id. at 35.
5. See Pacific Airways Corporation v. Tonda, 441 Phil. 156, 162 (2002).
6. See Spouses Aboitiz v. Spouses Po, G.R. Nos. 208450 and 208497, June 5, 2017, 825 SCRA 457, 499.