Case Digest (G.R. No. 138569)
Facts:
The Consolidated Bank and Trust Corporation v. Court of Appeals and L.C. Diaz and Company, CPA's, G.R. No. 138569, September 11, 2003, First Division, Carpio, J., writing for the Court.Consolidated Bank and Trust Corporation (now Solidbank Corporation; “Solidbank”) is the petitioner; L.C. Diaz and Company, CPA's (“L.C. Diaz”) is the private respondent. L.C. Diaz opened a savings account with Solidbank in March 1976 (Savings Account No. S/A 200-16872-6). On 14 August 1991 L.C. Diaz’s cashier, Mercedes Macaraya, prepared two deposit slips (one cash P990, one checks P50) and instructed the firm’s messenger, Ismael Calapre, to deposit them and left the account passbook with Solidbank for processing. Teller No. 6 acknowledged the deposit but, when Calapre later returned for the passbook, told him “somebody got the passbook.”
After reporting the loss, Macaraya and Calapre returned to Solidbank the same day with a P200,000 check and were again told the passbook had been given to someone else; the teller said the person who took it was “shorter than Calapre.” The teller handed Macaraya a duplicate deposit slip dated 14 August 1991 evidencing a deposit of a P90,000 check drawn on Philippine Banking Corporation (a check later dishonored). On the same day L.C. Diaz discovered an unauthorized withdrawal of P300,000 from its savings account; the withdrawal slip bore signatures of the company’s authorized signatories (who denied signing) and the money was received by a certain Noel Tamayo.
L.C. Diaz filed a criminal Information against employees suspected of the theft, but the prosecution filed a motion to dismiss and the criminal case was dismissed. L.C. Diaz demanded return of the money on 24 August 1992; Solidbank refused. On 25 August 1992 L.C. Diaz sued Solidbank in the Regional Trial Court (Manila, Branch 8, Civil Case No. 92-62384) for recovery of the P300,000.
The trial court, after trial, rendered judgment on 28 December 1994 dismissing the complaint and granting Solidbank P30,000 on its counterclaim as attorney’s fees, finding that Solidbank observed the customary rules on savings accounts, that the passbook raised a presumption of ownership in the bearer, and that L.C. Diaz’s negligence caused the loss. L.C. Diaz appealed to the Court of Appeals (CA-G.R. CV No. 49243). On 27 October 1998 the Court of Appeals reversed and ordered Solidbank to pay P300,000 with interest, exemplary damages P20,000, attorney’s fees P20,000 and costs; the CA later, in a 11 ...(Subscriber-Only)
Issues:
- Is Solidbank liable to L.C. Diaz and Company under the law of quasi-delict or under the law of contract (culpa contractual)?
- Did Solidbank—or its teller—have a duty to call L.C. Diaz to verify the P300,000 withdrawal before honoring it?
- Does the doctrine of last clear chance apply to relieve Solidbank of liability?
- If Solidbank is liable, should damages be mitigated for L.C. Diaz’s contributory negli...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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