Title
Bank of the Philippine Islands vs. Ferdez
Case
G.R. No. 173134
Decision Date
Sep 2, 2015
BPI allowed pre-termination of joint accounts without required documents, favoring Manuel over Tarcila, breaching obligations and acting in bad faith. SC upheld Tarcila's claim for damages.

Case Digest (G.R. No. 212349)
Expanded Legal Reasoning Model

Facts:

  • Joint AND/OR Time and Savings Deposit Accounts
    • Peso Time Certificate of Deposit No. 2425545 (June 27, 1991; P1,684,661.40; 90 days; 17.5% p.a.) in the names of Manuel G. Fernandez Sr., Baby Fernandez, or Monique Fernandez
    • Peso Time Certificate of Deposit No. 2425556 (July 1, 1991; P1,534,335.10; 92 days; 17.5% p.a.) in the names of Manuel G. Fernandez Sr., Marco Fernandez, or Tarcila Fernandez
    • FCDU Time Certificate of Deposit No. 449059 (August 27, 1991; US$36,219.53; 30 days; 5.3125% p.a.) in the names of Manuel or Tarcila Fernandez
    • Savings Account No. 3301-0145-61 (September 10, 1991; P11,369,800.78; 5% p.a.) in the names of Manuel Fernandez, Baby Fernandez, or Monique Fernandez
  • Pre-termination Transactions (September 24–26, 1991)
    • Tarcila presented original certificates to BPI Shaw Boulevard Branch to effect pre-termination; bank refused, insisting on contacting Manuel.
    • Manuel arrived, claimed loss of certificates, signed BPI’s affidavit of loss and an Indemnity Agreement with third-party respondent Dalmiro Sian; bank released full proceeds to Manuel, which were funneled through a newly opened BPI account under Sian’s name and withdrawn the same day.
  • Court Proceedings
    • Tarcila filed Civil Case No. 95-671 (RTC Makati) for damages and her proportionate share, alleging bad faith by BPI.
    • RTC awarded Tarcila one-half of the dollar deposit, one-third of each peso deposit, P50,000 exemplary damages, and P500,000 attorney’s fees, applying Article 1214 (solidary creditors).
    • On appeal (CA-G.R. CV No. 61764), the Court of Appeals affirmed, finding BPI acted in bad faith and dismissed BPI’s third-party complaint against Sian (intimidation).
    • BPI’s motion for reconsideration was denied. BPI then filed a Rule 45 petition in the Supreme Court.

Issues:

  • Did BPI breach its contractual obligations under the certificates of deposit by releasing proceeds without presentation of the originals?
  • Did BPI act in bad faith toward co-depositor Tarcila?
  • Is the Indemnity Agreement between BPI and Sian enforceable against Tarcila’s claim?
  • Are exemplary damages and attorney’s fees properly awarded?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

Analyze Cases Smarter, Faster
Jur is a legal research platform serving the Philippines with case digests and jurisprudence resources.