Title
Associated Bank vs. Court of Appeals
Case
G.R. No. 107382
Decision Date
Jan 31, 1996
Province of Tarlac, PNB, and Associated Bank held liable for forged checks; loss apportioned equally due to negligence and warranty breaches.

Case Digest (G.R. No. 107382)
Expanded Legal Reasoning Model

Facts:

  • Parties and Account Arrangement
    • Province of Tarlac maintained a current account with Philippine National Bank (PNB) Tarlac Branch for provincial funds.
    • Allotment checks for Concepcion Emergency Hospital were drawn by the Provincial Treasurer, countersigned by the Provincial Auditor or Sangguniang Bayan Secretary, and released to the hospital’s administrative officer/cashier.
  • Forgery and Negotiation of Checks
    • Fausto Pangilinan, retired hospital cashier and administrative officer as of February 28, 1978, fraudulently obtained 30 allotment checks totaling ₱203,300.00 between January 17, 1978 and February 10, 1981.
    • He forged the signature of Dr. Adena Canlas (Chief of Concepcion Emergency Hospital) on each check, deposited them into his personal savings account with Associated Bank, and withdrew the proceeds.
    • Associated Bank stamped the checks “All prior endorsements guaranteed,” thereby indorsing them when presenting to PNB for payment.
  • Procedural History
    • Discovery and Demand
      • January 1981 post-audit revealed missing hospital checks.
      • February 19, 1981: Provincial Treasurer demanded PNB return cleared checks; PNB later demanded reimbursement from Associated Bank (May 15, 1981).
    • Trial Court Ruling (March 21, 1988)
      • Ordered PNB to reimburse Province ₱203,300.00 with legal interest from March 20, 1981.
      • Ordered Associated Bank to reimburse PNB ₱203,300.00 with legal interest from March 20, 1981.
      • Dismissed claims against Dr. Canlas and Fausto Pangilinan.
    • Court of Appeals Decision (September 30, 1992)
      • Affirmed the trial court decision in toto.
    • Consolidated Petitions to the Supreme Court by PNB (G.R. No. 107612) and Associated Bank (G.R. No. 107382).

Issues:

  • Primary Issue
    • Who bears the loss when checks bearing forged payee indorsements are paid: the drawer (Province), drawee bank (PNB), or collecting bank (Associated Bank)?
    • Did negligence by the Province or PNB affect their liability or right to recover?
  • Secondary Issues
    • Whether the Philippine Clearing House Rules (Sec. 23) or Central Bank Circular No. 580 governs return of items with forged endorsements.
    • Whether PNB is estopped from denying its guarantee of prior indorsements after paying the forged checks.
    • Whether liability should be directly imposed on Associated Bank to the Province or routed through PNB (avoiding circuity).

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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