Silay City Regional Trial Court Judge Felipe Banzon has ordered the Metropolitan Bank and Trust Company to pay its client more than P500,000 in moral, exemplary and compensatory damages, for its failure to provide her the necessary security while she was stabbed and robbed at the bank parking lot in Silay City, on April 11, 2007.

Complainant Ma. Nieves Javellana had filed a complaint for damages against the bank for the negligence of its guards.

In an eight-page decision, Banzon, the presiding judge of Silay City Branch 69 said Javellana had established that the injuries and damages she suffered were consequent to the failure of the bank to provide the necessary security measures to its clients within its premises, which necessarily includes the parking lot, where she was assaulted by the suspect.

Javellana, who was stabbed several times, was also divested of P120 in cash, a US $20 bill and a cellular phone by the unidentified suspect, who forced her to drive, and later got off at the national highway of Silay City.

In her complaint, Javellana said several persons, appearing to be security guards of Metrobank, responded to the commotion in her vehicle, but they failed to verify the situation thoroughly when the suspect told them not to interfere, saying it was a quarrel between a husband and wife.

Javellana added the security guards failed to respond in a prudent and responsible manner and they did not even call the police to report that a crime was taking place in their premises.

In its answer to the allegations of the complainant, Metrobank said the security guards responded immediately and verified the commotion. But it said she did not indicate in any reasonable manner that she was in any danger, so the guards closed the door of the vehicle.

It also said they were not given the opportunity to extend help or sympathy to her, as she refused to meet with the bank's representative.

The bank also said, her act in filing the complaint had besmirched its reputation and goodwill, hinting that it will also seek for damages.

It said that it is the assailant of Javellana who should be the proper defendant in the case for damages.

Javellana sustained shallow stab wounds, and was treated at the Dr. Pablo O. Torre Memorial Hospital in Bacolod City. She also sought psychological treatment to overcome the trauma she had suffered at the hands of her assailant.

Banson said moral damages are not meant to be punitive but are designed to compensate and alleviate the physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar harm unjustly caused to a person.

In rendering judgement in her favor, Banzon ordered the MBTC to pay Javellana P300,000 in moral damages, P200,000 in exemplary damages, P18,472.40 actual and compensatory damages, P50,000 as attorney's fees, P1,500 for every court appearance, plus 10 percent of the amounts awarded to the plaintiff as moral and exemplary damages.*GPB

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