G.R. No. 117363 - Pangili vs. Court of Appeals

Parties and Background
Dominador M. Apique (petitioner) and Evangeline Apique Fahnenstich (respondent) are siblings from Babak, Island Garden City of Samal, Davao. Evangeline left for Germany in 1979 to work abroad.
On August 2, 1995, Evangeline executed general and special powers of attorney in favor of Dominador to manage her business affairs and purchase real property in the Philippines.

Joint Bank Account and Withdrawal
On January 18, 1999, Evangeline opened a joint “OR” savings account No. 1189-02819-5 at PCI Bank (later EPCIB, now BDO) in Davao City, naming Dominador as co-depositor, to facilitate funding of her business projects.
On February 11, 2002, Dominador withdrew ₱980,000.00 from the joint account and deposited the same into his own savings account No. 1189-00781-3 without Evangeline’s consent.
On February 23, 2003, Evangeline discovered the withdrawal upon updating the joint account passbook and learned of subsequent withdrawals by Dominador from his personal account.

Procedural History
On May 7, 2002, Evangeline filed a complaint for sum of money, damages, and attorney’s fees with injunctive relief against Dominador and EPCIB before the Regional Trial Court (RTC) of Davao City, which granted a temporary restraining order against EPCIB.
Dominador answered, asserting authority under the “OR” account and powers of attorney, and counterclaimed for moral and exemplary damages and attorney’s fees. EPCIB invoked its right to honor any “OR” account withdrawal.
On January 25, 2006, the RTC dismissed Evangeline’s complaint, upheld the withdrawal as valid, and denied Dominador’s counterclaims for lack of bad faith.
On July 31, 2012, the Court of Appeals (CA) reversed the RTC, ordered Dominador to return ₱980,000.00 with interest (6% p.a. from complaint filing until finality; 12% p.a. thereafter), and in its January 17, 2013 resolution denied his motion for reconsideration.
Dominador then filed a petition for review on certiorari before the Supreme Court.

Whether Evangeline is entitled to the return of the ₱980,000.00 withdrawn by Dominador from their joint savings account, and to legal interest thereon.