Title
Banta vs. Equitable Bank, Inc.
Case
G.R. No. 223694
Decision Date
Feb 10, 2021
Petitioner discovered husband forged her signature on mortgage deeds; Bank found negligent, held jointly liable for damages due to lack of due diligence.
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Case Digest (G.R. No. 223694)

Facts:

Marriage and Separation
Remedios T. Banta (petitioner) and Antonio Banta (Antonio) were married in 1975 but ceased living together as husband and wife in 1991.

Discovery of Fraud
In June 1997, the petitioner discovered that Antonio, using her forged signature, executed a Deed of Real Estate Mortgage dated September 1, 1994, in favor of Equitable Bank (now BDO Unibank, Inc.), covering properties in Malabon City registered under their names (TCT Nos. M-10421, M-10422, and M-9155). The mortgage secured a loan of P1,000,000.00.

Additional Fraud
On May 11, 1995, Antonio, along with Armando T. Banta, Sonia O. Banta, and Erlinda B. Tan, executed an Amendment to Real Estate Mortgage with additional collateral, again with the petitioner's forged signature. This covered five more properties (TCT Nos. M-1989, R-41303, R-49374, R-34869, and R-41682), securing loans totaling P4,500,000.00.

Legal Action
The petitioner filed a Complaint for Annulment of Deed of Real Estate Mortgage with Damages before the Regional Trial Court (RTC) of Malabon City against the Bank, Antonio, Armando, Sonia, Erlinda, and the Register of Deeds.

RTC Ruling
The RTC ruled that the Deed of Real Estate Mortgage covering properties under Armando and Tan was valid as the petitioner had no interest in them. However, the Amendment to Real Estate Mortgage involving properties registered under the petitioner and Antonio was declared null and void due to the petitioner's forged signature. The RTC found the Bank negligent for failing to verify the authenticity of the petitioner's signature and held it jointly and severally liable with Antonio for damages and attorney's fees.

CA Ruling
The Court of Appeals (CA) granted the petitioner's prayer for moral damages, exemplary damages, and increased attorney's fees but absolved the Bank from joint and several liability, finding no bad faith on its part.

Issue:

Whether the Bank should be held jointly and severally liable with Antonio for payment of moral and exemplary damages, and attorney's fees to the petitioner.

Ruling:

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Ratio:

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