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CA
OTHER ISSUE
FACTS:
The province of Tarlac maintains an account with PNB-Tarlac.
Part of its funds is appropriated for the benefit of Concepcion
Emergency Hospital. During a post-audit done by the province, it was
found out that 30 of its checks werent received by the hospital. Upon
further investigation, it was found out that the checks were encashed by
Pangilinan who was a former cashier and administrative officer of
the hospital through forged indorsements. This prompted the
provincial treasurer to ask for reimbursement from PNB and
thereafter, PNB from Associated Bank. As the two banks didn't want
to reimburse, an action was filed against them.
HELD:
RULING
YES. The Court finds as reasonable, the proportionate sharing of fifty
percent fifty percent (50%-50%). Respondent Province contributed to
the loss and shall be liable to the PNB for fifty (50%), Province of Tarlac
can only recover fifty percent (50%) from PNB. Associated Bank, shall be
liable to PNB for fifty (50%). It is liable on its warranties as indorser of the
checks which were deposited to it.
ASSOCIATED BANK v CA (Digest from a different source)
FACTS:
Fausto Pangilinan
administrative officer and cashier of
payee hospital until his retirement on February 28, 1978, collected
the questioned checks from the office of the Provincial Treasurer
sought to encash the 1st check with
Associated Bank
GR: drawee bank may not debit the drawer's account and is
not entitled to indemnification from the drawer - risk of loss must
perforce fall on the drawee bank
GR
EX:
The
stamp
guaranteeing
prior
indorsements is not an empty rubric which a bank must fulfill for the
sake of convenience
CA affirmed RTC
ISSUE: W/N Francisco can sign Ongs name on the checks and it was not
forgery
HELD: NO.