Title
Bank of the Philippine Islands vs. Court of Appeals
Case
G.R. No. 136202
Decision Date
Jan 25, 2007
BPI debited Salazar’s account for unendorsed checks, claiming reimbursement for Templonuevo. SC ruled BPI had set-off rights but was negligent, awarding Salazar damages for improper handling.

Case Digest (G.R. No. 202324)
Expanded Legal Reasoning Model

Facts:

  • Trial and pleadings
    • On December 5, 1991, A.A. Salazar Construction and Engineering Services filed an action for sum of money with damages against Bank of the Philippine Islands (BPI); complaint later amended to substitute Annabelle A. Salazar as real party in interest.
    • Salazar prayed recovery of ₱267,707.70 purportedly debited by BPI from her account, plus damages and attorney’s fees.
    • BPI answered that Julio R. Templonuevo (third‐party defendant) held three checks totaling ₱267,692.50 payable to him but deposited without endorsement by Salazar to her Account No. 0203-1187-67; upon notice, BPI froze that account (already closed or insufficient), froze Salazar’s sole proprietorship account (No. 0201-0588-48), paid Templonuevo ₱267,692.50 by cashier’s check, and debited Salazar ₱267,707.70 (including bank charges).
  • Lower court decisions
    • The RTC rendered judgment for Salazar, ordering BPI to pay:
      • ₱267,707.70 + 12% interest from September 16, 1991;
      • ₱30,000 actual damages, ₱50,000 moral damages, ₱50,000 exemplary damages;
      • ₱30,000 attorney’s fees; costs.
Counterclaims and third‐party claims were dismissed.
  • On appeal, the CA affirmed, ruling that Salazar was entitled to the proceeds despite lack of endorsement, inferring a prior arrangement between Salazar and Templonuevo and BPI’s acquiescence.
  • Petition for review
    • BPI raised seven assignments of error, contesting:
      • Misinterpretation of Section 49 of the Negotiable Instruments Law and Rule 131(evidence);
      • Non-application of Civil Code Arts. 22, 1278, 1290;
      • Misapprehension of facts as to account identity;
      • Speculative finding of agreement between Salazar and Templonuevo;
      • Unfounded award of damages;
      • Erroneous affirmation of dismissal of its third-party complaint.

Issues:

  • Whether a collecting bank may unilaterally debit a depositor’s account to rectify a wrongful payment on unendorsed order instruments deposited by a non-payee into a closed account.
  • Whether Salazar was a “holder” under Section 49 of the Negotiable Instruments Law and entitled to presumption of lawful transfer without endorsement.
  • Whether BPI validly exercised its right of set-off under Civil Code Arts. 1278 and 1980 to debit Salazar’s and her sole proprietorship’s accounts.
  • Whether BPI breached its duty of due diligence in accepting and paying unendorsed, crossed checks and failed to notify Salazar before debiting her frozen account.
  • Whether the CA erred in inferring an internal arrangement, awarding damages, and dismissing BPI’s third-party complaint against Templonuevo.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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