Case Digest (G.R. No. 138569) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In The Consolidated Bank and Trust Corporation v. Court of Appeals, petitioner Solidbank Corporation (formerly Consolidated Bank and Trust Corporation) maintained a savings account of private respondent L.C. Diaz and Company, CPA’s (“L.C. Diaz”). On 14 August 1991, L.C. Diaz’s cashier, Mercedes Macaraya, prepared deposit slips for ₱990 in cash and ₱50 in checks, handed them along with the passbook to messenger Ismael Calapre, and the teller accepted the transaction. As Calapre left to transact at another bank, he left the passbook with Teller No. 6. When he returned, the teller said someone else had taken the passbook. The next day, Macaraya deposited a ₱200,000 check but again could not retrieve the passbook. Later, L.C. Diaz discovered an unauthorized withdrawal of ₱300,000 on 14 August, made by Noel Tamayo using the passbook and a withdrawal slip bearing forged signatures of L.C. Diaz’s authorized signatories. A criminal case against the messenger was dismissed, prompting L.C Case Digest (G.R. No. 138569) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Account
- Petitioner Solidbank Corporation (formerly Consolidated Bank and Trust Corporation), a domestic banking corporation.
- Private respondent L.C. Diaz and Company, CPA’s, a professional accounting partnership and depositor.
- Deposits and Missing Passbook
- March 1976: L.C. Diaz opened Savings Account No. S/A 200-16872-6 with Solidbank.
- August 14, 1991: L.C. Diaz’s cashier, Mercedes Macaraya, prepared deposit slips for ₱990 (cash) and ₱50 (checks). Messenger Ismael Calapre presented slips and passbook to Teller No. 6, who retained the passbook for transaction processing.
- Upon retrieval, Teller No. 6 reported “somebody got the passbook,” handing back neither passbook nor identifying who took it.
- Fraudulent Withdrawal
- August 14, 1991: Macaraya and Calapre returned with a deposit slip for a ₱200,000 check; Teller No. 6 again could not produce the passbook but handed Macaraya a deposit slip for a PBC check of ₱90,000.
- Same day: L.C. Diaz learned of an unauthorized ₱300,000 withdrawal bearing genuine signatures of its authorized signatories and received by Noel Tamayo.
- Subsequent criminal estafa case against messenger Emerano Ilagan and co-accused dismissed by the trial court.
- Civil Proceedings
- August 25, 1992: L.C. Diaz filed a complaint for recovery of sum of money (₱300,000) against Solidbank in RTC Manila Branch 8.
- December 28, 1994: Ruling absolved Solidbank, citing depositor negligence and compliance with passbook rules; awarded Solidbank ₱30,000 attorney’s fees.
- October 27, 1998: Court of Appeals reversed, ordering Solidbank to pay ₱300,000 plus 12% interest, ₱20,000 exemplary damages, ₱20,000 attorney’s fees and litigation expenses; on May 11, 1999, deleted exemplary damages, attorney’s fees, expenses and costs.
Issues:
- Duty to Verify Withdrawals
- Whether Solidbank’s teller had a legal or contractual obligation to telephone the depositor before permitting a large-sum withdrawal from a savings account.
- Application of Last Clear Chance Doctrine
- Whether Solidbank’s teller had the “last clear chance” to prevent the unauthorized withdrawal despite genuine signatures and passbook presentation.
- Nature of L.C. Diaz’s Action
- Whether the civil complaint was merely a “last ditch effort” to recover funds after the dismissal of the criminal case against its messenger.
- Mitigation of Damages
- Whether damages awarded should be mitigated under Article 2197 of the Civil Code due to contributory negligence by L.C. Diaz.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)