Title
Metropolitan Bank and Trust Co. vs. Custodio
Case
G.R. No. 173780
Decision Date
Mar 21, 2011
A bank teller is accused of being responsible for a cash shortage, but the court rules in her favor due to lack of evidence and negligence on the part of the bank.
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Case Digest (G.R. No. 173780)

Facts:

  • Metropolitan Bank and Trust Company (Metrobank) is the petitioner.
  • Marina B. Custodio, a bank teller at Metrobank's Laoag City branch, is the respondent.
  • On June 13, 1995, Custodio was assigned as Teller No. 3 and handled several cash transactions, including a PhP200,000 cash transfer from another teller.
  • Custodio took her lunch break alone, carrying a shoulder bag and a paper bag, which were not inspected by the security guard.
  • At the end of the banking day, Custodio balanced her transactions and turned over PhP2,113,500 to the cash custodian, Ms. Marinel Castro, who signed a Cash Transfer Slip acknowledging receipt.
  • A cash shortage of PhP600,000 was discovered later that day.
  • Despite an internal investigation and a search of the premises, the missing money was not found.
  • Metrobank filed a complaint against Custodio for the recovery of the missing amount.
  • The trial court ordered Custodio to pay PhP600,000 plus interest.
  • Custodio appealed, and the Court of Appeals reversed the trial court's decision, dismissing the complaint against her.
  • Metrobank then filed a Petition for Review on Certiorari with the Supreme Court.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court denied Metrobank's Petition for Review and affirmed the Court of Appeals' decision, which dismis...(Unlock)

Ratio:

  • The Supreme Court found that Metrobank failed to prove by a preponderance of evidence that Custodio was responsible for the cash shortage.
  • The Cash Transfer Slip, signed by the cash custodian Ms. Castro, was the best evidence that Custodio had properly turned over the funds.
  • Ms. Castro's admission of signing the slip without counting the money indicated negligence on her part, which contributed to the loss.
  • The security guard's failure to inspect Custodio's bags could have determined whether she carried away the missin...continue reading

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