Beruflich Dokumente
Kultur Dokumente
*
G.R. No. 154469. December 6, 2006.
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* FIRST DIVISION.
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CHICONAZARIO, J.:
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1
(Metrobank) seeking to reverse and set aside the Decision
of the Court of Appeals dated 8 March 2002 and its
Resolution dated 26 July 2002 affirming the Decision of the
Regional Trial Court (RTC) of Manila, Branch 13 dated 4
September 1998. The dispositive portion of the Court of
Appeals Decision reads:
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5 Id.
6 Id., at pp. 23.
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7 Id., at p. 3.
8 Id., at p. 11.
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and moral
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damages plus costs of the suit be awarded in his
favor.
For its part, Metrobank countered that upon the receipt
of the said check through the PCHC on 14 November 1994,
it examined the genuineness and the authenticity of the
drawers signature appearing thereon and the technical
entries on the check including the amount in figures and in
words to determine if there were alterations, erasures,
superimpositions or intercalations thereon, but none was
noted. After verifying the authenticity and propriety of the
aforesaid entries, including the indorsement of the
collecting bank located at the dorsal side of the check which
stated that, all prior indorsements and lack 10 of
indorsement guaranteed, Metrobank cleared the check.
Anent thereto, Metrobank claimed that as a collecting
bank and the last indorser, Westmont Bank should be held
liable for the value of the check. Westmont Bank indorsed
the check as the an unqualified indorser, by virtue of which
it assumed the liability of a general indorser, and thus,
among others, warranted that the instrument is genuine
and in all respect what it purports to be.
In addition, Metrobank, in turn, claimed that Cabilzo
was partly responsible in leaving spaces on the check,
which, made the fraudulent insertion of the amount and
figures thereon, possible. On account of his negligence in
the preparation and issuance of the check, which according
to Metrobank, was the proximate cause of the loss, Cabilzo
cannot thereafter claim indemnity by virtue of the doctrine
of equitable estoppel.
Thus, Metrobank demanded from Cabilzo, for payment
in the amount of P100,000.00 which represents the cost of
litiga
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16 Id., at p. 196.
17 CA Rollo, pp. 4552.
18 Id., at p. 52.
19 Id., at p. 95.
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20 Philippine National Bank v. Court of Appeals, 326 Phil. 504, 511 256
SCRA 491, 497 (1996).
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268
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daytoday
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transactions like the issuance or encashment of
checks.
In every case, the depositor expects the bank to treat his
account with the utmost fidelity, whether such account
consists only of a few hundred pesos or of millions. The
bank must record every single transaction accurately, down
to the last centavo, and as promptly as possible. This has to
be done if the account is to reflect at any given time the
amount of money the depositor can dispose of as he sees fit,
confident that
26
the bank will deliver it as and to whomever
he directs.
The point is that as a business affected with public
interest and because of the nature of its functions, the bank
is under obligation to treat the accounts of its depositors
with meticulous care, always having in mind the fiduciary
nature of their relationship. The appropriate degree of
diligence required of a bank must27 be a high degree of
diligence, if not the utmost diligence.
In the present case, it is obvious that Metrobank was
remiss in that duty and violated that relationship. As
observed by the Court of Appeals, there are material
alterations on the check that are visible to the naked eye.
Thus:
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25 Id.
26 Id.
27 Id.
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28 Rollo, p. 22.
29 Records, p. 195.
30 Samahan ng Magsasaka sa San Josep v. Valisno, G.R. No. 158314, 3
June 2004, 430 SCRA 629, 635.
31 Philippine Commercial and Industrial Bank v. Court of Appeals, G.R.
No. 121413, 29 January 2001, 350 SCRA 446, 472.
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32 Id.
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