Title
Supreme Court
Philippine Commercial International Bank vs. Franco
Case
G.R. No. 180069
Decision Date
Mar 5, 2014
Franco invested savings in PCIB's TICs, alleging automatic roll-over for returns. PCIB refused payment, claiming prescription. SC ruled for Franco, citing PCIB's failure to prove payment, upholding express trust and bad faith.

Case Digest (G.R. No. 180069)
Expanded Legal Reasoning Model

Facts:

  • Background and parties
  • Arturo P. Franco (“plaintiff/ respondent”) filed an action for damages on September 5, 2000, against Philippine Commercial International Bank (PCIB, now BDO Unibank, Inc.) and Equitable Banking Corp. for refusal to return trust investments.
  • The complaint concerned four Trust Indenture Certificates (TICs) issued by PCIB:
    • No. 094846 (P100,000; 8.75% p.a.; Dec. 8, 1986–Jan. 7, 1987)
    • No. 135928 (P850,594.54; 7.75% p.a.; Jan. 19–Feb. 18, 1987)
    • No. 205007 (P500,000; 8.50% p.a.; May 13–June 15, 1987)
    • No. 205146 (P502,958.90; 9.25% p.a.; July 15–Aug. 14, 1987)
  • Plaintiff’s allegations and evidence
  • Representations by PCIB: investments would be commingled, pooled, and automatically rolled over for better returns, providing for plaintiff’s future without further action.
  • Demand and refusal: after severe family medical expenses in the 1990s, plaintiff sought to encash the TICs. PCIB delayed retrieval of records and, by letter dated June 22, 2000, denied payment on grounds that TICs had been converted into common trust funds and rendered “null and void.”
  • Plaintiff’s testimony: he invested his lifetime savings based on the bank’s assurances, held original TICs, received no valid payout, and suffered emotional distress and legal expenses (P22,117.80 filing fees; P50,000 counsel’s fee; P3,000 per hearing).
  • Defendants’ position and evidence
  • Admission: issuance of the four TICs. Denial: automatic rollover and non-prescription.
  • Witnesses from Equitable-PCIBank:
    • Cecilia P. Soriano (Operations Officer)—no direct dealings with plaintiff at maturity; only photocopies of TICs seen.
    • Antonio M. Fortuno (Operations Officer)—explained standard TIC procedures, including rollover if unclaimed; conversion of all TICs into Common Trust Funds in 1992; unaware if plaintiff’s TICs were ever paid or converted.

Issues:

  • Entitlement: Is plaintiff entitled to payment of principal and interest under the four TICs?
  • Prescription: Has plaintiff’s cause of action already prescribed?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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