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#13 MANDARIN VILLA vs CA HELD/RATIO: YES!

FACTS: SC noted that Mandarin Villa Seafood Village is affiliated with BANKARD. In
In 1989, Clodualdo de Jesus, a practicing lawyer and businessman, hosted a fact, an agreement entered into by Mandarin and BANKARD provides:
dinner for his friends at the Mandarin Villas restaurant (Mandarin Villa "The MERCHANT shall honor validly issued PCCCI credit cards presented by
Seafoods Village). their corresponding holders in the purchase of goods and/or services supplied by
After dinner, the waiter handed to him the bill in the amount of P2,658. it provided that the card expiration date has not elapsed and the card number
De Jesus offered to pay the bill through his credit card issued by Philippine does not appear on the latest cancellation bulletin of lost, suspended and
Commercial Credit Card Inc. (BANKARD). This card was accepted by the cancelled PCCCI credit cards and, no signs of tampering, alterations or
waiter who immediately proceeded to the restaurant's cashier for card irregularities appear on the face of the credit card.
verification. While De Jeuss may not be a party to the said agreement, the above-quoted
However, the waiter returned and audibly informed De Jesus that his credit card stipulation conferred a favor upon De Jesus, a holder of credit card validly
had expired. issued by BANKARD. This stipulation is a stipulation pour autri and under
De Jesus remonstrated that said credit card had yet to expire on September 1990, the Civil Code, De Jesus may demand its fulfillment provided he communicated
as embossed on its face. his acceptance to the petitioner before its revocation. In this case, De Jesus' offer
to pay by means of his BANKARD credit card constitutes not only an
The waiter was unmoved, thus, De Jesus and 2 of his guests approached the
acceptance of the said stipulation but also an explicit communication of his
restaurant's cashier who again passed the credit card over the verification
acceptance to the obligor.
computer. The same information was produced.
In addition, the record shows that Mandarin posted a logo inside Mandarin Villa
De Jesus and his guests returned to their table and at this juncture one of them
Seafood Village stating that "Bankard is accepted here." This representation is
uttered the remarks that they might need to wash the dishes of the restaurant.
conclusive upon Mandarin which it cannot deny or disprove as against De Jesus,
De Jesus left the restaurant and got his BPI Express Credit Card from his car and the party relying thereon.
offered it to pay their bill. This was accepted and honored by the cashier after
verification. DOCTRINE:
The incident triggered the filing of a suit for damages by De Jesus. ART 1311: Contracts take effect only between the parties, their assigns and heirs,
except in case where the rights and obligations arising from the contract are not
RULING: transmissible by their nature, or by stipulation or by provision of law. The heir is not
RTC Directed the Mandarin Villa and Bankard to pay jointly and severally De liable beyond the value of the property he received from the decedent.
Jesus.
CA Modified the decision of the RTC. Found that Mandarin Villa is solely If a contract should contain some stipulation in favor of a third person, he may
responsible for the damages and absolved Bankard. demand its fulfillment provided he communicated his acceptance to the obligor
SC The petition of Mandarin Villa is dismissed. before its revocation. A mere incidental benefit or interest of a person is not
sufficient. The contracting parties must have clearly and deliberately conferred a
ISSUE: Whether Mandarin Villa is bound to accept the payment by means of credit favor upon a third person.
card?

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