Documente Academic
Documente Profesional
Documente Cultură
Petitioner:
Philippine N.tion.l B.nk (PNB)
Respondent:
FF Cruz .nd Co, Inc (FFCCI)
Doctrine:
As between . b.nk .nd its
depositor, where the b.nks
negligence is the proxim.te
c.use of the loss .nd the
depositor is guilty of
contributory negligence, the
gre.ter proportion of the loss
sh.ll be borne by the b.nk.
F+ctu+l Antecedents
● FFCCI opened . s.vings/
current .nd . doll.r
s.vings .ccount with PNB
● Its President Felipe Cruz
.nd Secret.ry-Tre.surer
Angelit. A. Cruz were the
n.med sign.tories for the
s.id .ccounts.
● They on sep.r.te but
coev.l d.tes left for .nd
returned from the USA.
● While they were thus out of
the country, .pplic.tions
for c.shiers .nd m.n.gers
checks be.ring Felipes
sign.ture were presented
to .nd both .pproved by
the PNB.
● The first w.s on M.rch 27,
1995 for P9,950,000.00
p.y.ble to . cert.in Gene
B. S.ng.l.ng .nd the
other one w.s on April 24,
1995 for P3,260,500.31
p.y.ble to one P.ul
B.utist..
● The .mounts of these
checks were then debited
by the PNB .g.inst the
.ccount of FFCCI.
● When Angelit. returned to
the country she noticed the
deductions of
P9,950,000.00 .nd
P3,260,500.31.
● Cl.iming th.t these were
un.uthorized .nd
fr.udulently m.de, [FFCCI]
requested PNB to credit
b.ck .nd restore to its
.ccount the v.lue of the
checks.
● PNB refused
● [FFCCI] filed . suit for
d.m.ges .g.inst the PNB
.nd its own .ccount.nt
Aure. C.p.r.s (or
C.p.r.s).
● PNB .verred l.ck of c.use
of .ction.
● It .lleged th.t it exercised
due diligence in h.ndling
the .ccount of [FFCCI].
The .pplic.tions for
m.n.gers check h.ve
p.ssed through the
st.nd.rd b.nk procedures
.nd it w.s only .fter
finding no infirmity th.t
these were given due
course.
● In f.ct, it w.s no C.p.r.s,
the .ccount.nt of [FFCCI],
who confirmed the
regul.rity of the
tr.ns.ction.
● The del.y of [FFCCI] in
picking up .nd going over
the b.nk st.tements w.s
the proxim.te c.use of its
self-procl.imed injury. H.d
[FFCCI] been
conscientious in this
reg.rd, the .lleged
chic.nery would h.ve been
detected e.rly on .nd
C.p.r.s effectively
prevented from
.bsconding with its
millions. It pr.yed for the
dismiss.l of the compl.int.
WHEREFORE, judgment is
hereby rendered ordering
defend9nt [PNB] to p9y pl9intiff
[FFCCI] P13,210,500.31
representing the 9mounts
debited 9g9inst pl9intiffs
9ccount, with interest 9t the
leg9l r9te computed from the
filing of the compl9int plus
costs of suit.
IT IS SO ORDERED.
modific.tion
– PNB will be.r 60% while
negligence bec.use it
clothed its .ccount.nt/
bookkeeper C.p.r.s with
.pp.rent .uthority to
tr.ns.ct business with
PNB. In .ddition, FFCCI
f.iled to timely ex.mine its
monthly st.tement of
.ccount .nd report the
discrep.ncy to PNB within
. re.son.ble period of
time to prevent or recover
the loss. FFCCIs
contributory negligence,
thus, mitig.ted the b.nks
li.bility.
SO ORDERED.