PNB vs.

Raymundo
G.R. No. 208672, December 7,
2016
 PNB vs. Raymundo -
Facts
O Appeal by PNB on the civil aspect of
the criminal case for violation of R.A.
3019 by accused Pablo Raymundo.
O Department Manager of a PNB Branch
O Foreign check issued by Solomon
Guggenheim Foundation
O Drawn against Morgan Guaranty
Company of New York
O Payable to a certain Merry May Juan
 PNB vs. Raymundo -
Facts
O On the same date, an account was opened
for Merry May Juan and a check booklet was
issued to her.
O Subsequently, Ms. Juan drew 6 checks in the
aggregate amount of 4 million pesos, 5 of
which named CT Global Futures as the payee.
O The 6 checks were negotiated by Ms. Juan
and were approved for payment on the same
day by Raymundo without waiting for the
foreign draft check, intended to fund the
issued check, to be cleared by the PNB
Foreign Currency Clearing Unit
 PNB vs. Raymundo -
Facts
O Seven days later, PNB received a
telex from its correspondent in New
York that the check was dishonored
by Morgan for being fraudulent
O For irregularly approving the payment
of the 6 checks without waiting for
the foreign check to be cleared,
Raymundo was charged with a
violation of Section 3 of R.A. 3019.
 PNB vs. Raymundo -
O
Facts
Raymundo filed a criminal case of estafa against
Ms. Juan. The case was decided in his favor and
Ms. Juan was made to pay him and the bank the
amount of the check (although no actual payment
was made).
O RTC: Raymundo is not guilty. It is too harsh and
inequitable to impose criminal liability upon
Raymundo , who only approved the withdrawal
due to the absence of the stamp Returned Check
O CA: denied PNBs appeal. Good faith in relying
upon his subordinates.
 PNB vs. Raymundo -
Issue

O W/N accused Raymundo should be

civilly liable for the amount of the
checks.
 PNB vs. Raymundo -
Ruling
O Yes. Raymundo should be held civilly
liable for his gross negligence.
O Raymundos Affidavits in the case he filed
against Ms. Juan was crucial. They were
considered as extrajudicial confessions.
O Round-trip ticket to Hong Kong
O Hesitant about the amount involved, and
the fact that it was a foreign check, but
was shown a record of a just-concluded
overseas call confirming that the check
was good.
 PNB vs. Raymundo -
Ruling
O That I allowed the aforecited checks to be
issued on the strong and collective
undertaking of all the accused, that the same
would not be traded until after the Morgan
Guaranty Check shall have been cleared.
O Gross negligence for disregarding the banks
foreign check clearing policy.
O Raymundo was expected to be an expert in
banking procedures
O Raymundos acts were the proximate cause
of the injury.
 PNB vs. Raymundo -
Ruling
O A banks disregard of its own banking policy
amount to gross negligence
O Payment of the amounts of checks without
previously clearing them with the drawee bank,
especially so where the drawee bank is a
foreign bank and the amounts involved were
large, is contrary to normal or ordinary banking
practice.
O Before the check shall have been cleared for
deposit, the collecting bank can only assume at
its own risk that the check would be cleared
and paid out.
 PNB vs. Raymundo -
Ruling
O Raymundo was required to pay PNB
the amount of P2,100,882.87 due to
his gross negligence. This is the
amount proved by evidence.
O Interest per annum 12% from judicial
demand to June 30, 2013, and 6%
per annum from July 01, 2013 until
finality of the decision, and another
6% from said finality until fully paid.