Case Digest (G.R. No. L-43663)
Facts:
Agustin Y. Go and the Consolidated Bank and Trust Corporation (Solidbank) v. Honorable Intermediate Appellate Court and Floverto Jazmin, G.R. No. 68138, May 13, 1991, Supreme Court Third Division, Fernan, C.J., writing for the Court.The private respondent, Floverto Jazmin, an American pensionado residing in Mangatarem, Pangasinan, received U.S. government annuity checks which he customarily encashed at Prudential Bank in Clark Air Base. On April 22, 1975, an individual using the name "Floverto Jazmin" opened Savings Account No. BG 5206 at the Solidbank (Baguio branch) under the supervision of branch manager Agustin Y. Go, deposited two U.S. treasury checks (Nos. 5-449-076 and 5-448-890) payable to "Floverto Jasmin" (note spelling and address discrepancies), and later withdrew the peso equivalent after the bank allowed encashment.
More than a year later, on June 29, 1976, the drawee bank returned the two dollar checks with a notation of alteration. Go reported the matter to the Philippine Constabulary; criminal investigation followed, and Jazmin — who denied any participation, deposit, or endorsement — was summoned for inquiry and shown photocopies of the altered checks. Investigators ultimately concluded the person who transacted with the bank was an impostor.
On September 24, 1976, Jazmin filed a civil action in the Court of First Instance of Pangasinan against Go and Consolidated Bank and Trust Corporation for moral and exemplary damages and attorney’s fees, alleging reckless failure to ascertain the depositor’s identity and malicious filing of criminal charges that caused him humiliation and inconvenience. The defendants answered, denied culpability, and counterclaimed for damages.
The trial court (Court of First Instance) in a March 27, 1978 decision found Go negligent for failing to notice the disparity in the payee’s name and address on the checks and held both Go and the bank liable; it awarded moral damages (P6,000), exemplary damages (P3,000 against Go personally), attorney’s fees (P1,000), and costs. The defendants appealed.
The Intermediate Appellate Court (Court of Appeals then named the Intermediate Appellate Court) on January 24, 1984 affirmed liability for negligence but disallowed moral and exemplary damages, awarding instead nominal damages of P3,000 and attorney’s fees of P1,000 with interest. Petitioners’ motion for recons...(Subscriber-Only)
Issues:
- Did the appellate court correctly award damages (nominal damages and attorney’s fees) to Floverto Jazmin for the humiliation and inconvenience he suffered after the bank filed a complaint with the Philippine Constabulary?
- Is the Consolidated Bank and Trust Corporation civilly liable for the negligence of its employee, Agustin Y. Go, absent proof that the bank exercised the diligence of a good father of a family in select...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
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Doctrine:
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