Case Digest (G.R. No. 257151)
Facts:
In Banco de Oro Universal Bank, Inc. v. Seastres, decided February 13, 2023, petitioner BDO Universal Bank, Inc. (formerly BDO Unibank), represented by branch heads Vivian Duldulao and Christine T. Nakanishi, maintained account no. 20800471 at BDO People Support Branch and account no. 5420-015499 at BDO Rufino Branch in Makati City. From April to September 2008, respondent Liza A. Seastres, using her Chief Operating Officer Annabelle N. Benaje as authorized representative, discovered P8,121,939.59 in withdrawals and manager’s-check encashments she did not personally authorize. Upon inquiry, BDO branches reported no irregularity despite (a) unsigned or incomplete “withdrawal through representative” slips, (b) no written confirmation from Seastres, and (c) encashment of manager’s checks payable solely to Seastres. Benaje later admitted the withdrawals and surrendered two rubber stamps of Seastres’s signature. Seastres filed and later withdrew a criminal complaint against Benaje afCase Digest (G.R. No. 257151)
Facts:
- Parties and Accounts
- Petitioners Banco de Oro Universal Bank, Inc. (BDO), Vivian Duldulao and Christine T. Nakanishi were bank, branch head, and branch head, respectively.
- Respondent Liza A. Seastres maintained personal and corporate deposit accounts at BDO People Support Branch and BDO Rufino Branch in Makati City.
- Transactions in Dispute
- Unauthorized withdrawals by Seastres’ representative, Annabelle N. Benaje, totaling ₱2,962,800.00 from Account No. 20800471 and ₱1,878,600.00 from Account No. 5420-015499.
- Encashment of three manager’s checks payable to Seastres, amounting to ₱4,513,139.59.
- Initial Investigations
- In October 2008, Seastres’ finance officer requested transaction histories; BDO provided passbooks and printouts.
- Both BDO branches investigated, verified signatures as genuine, and reported no irregularities.
- Criminal and Civil Proceedings
- Seastres filed a criminal complaint for theft and forgery against Benaje before the Makati Prosecutor’s Office; it was dismissed for lack of probable cause.
- Seastres then filed a civil action for collection against BDO, Duldulao, Nakanishi and later amended to include Benaje.
- Rulings of Lower Courts
- RTC (Mar. 10, 2017): found BDO and its employees jointly and severally liable for ₱8,067,939.59 actual damages, ₱100,000 moral damages, ₱100,000 attorney’s fees; denied exemplary damages; ordered Benaje to indemnify.
- CA (Sept. 30, 2020): upheld bank negligence but held Seastres 40% contributorily negligent; reduced bank liability to ₱4,453,163.75 (60% of actual damages); deleted moral damages and attorney’s fees.
Issues:
- Did the Court of Appeals correctly find that petitioners failed to exercise the diligence required of banking institutions?
- If so, is Seastres guilty of contributory negligence warranting reduction of petitioners’ liability?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)