Title
Serrano vs. Central Bank of the Philippines
Case
G.R. No. L-30511
Decision Date
Feb 14, 1980
Petitioner sought CBP's liability for OBM's failure to honor time deposits; SC ruled CBP not liable, no constructive trust, improper remedy.

Case Digest (G.R. No. L-30511)
Expanded Legal Reasoning Model

Facts:

  • Time Deposits and Assignment
    • On October 13 and December 12, 1966, petitioner Manuel M. Serrano placed time deposits of ₱150,000.00 (one year, 6% interest) with Overseas Bank of Manila.
    • On March 6, 1967, Concepcion Maneja (wife of Felixberto M. Serrano) placed a time deposit of ₱200,000.00 (one year, 6½% interest) with the same bank.
  • Assignment and Demands for Payment
    • On August 31, 1968, Concepcion Maneja assigned her ₱200,000.00 time deposit to petitioner Serrano.
    • Despite demands dated December 6, 1967 to March 4, 1968, Overseas Bank of Manila refused to honor any of the time deposit certificates.
  • Central Bank Supervision and Prior Proceedings
    • By Monetary Board Resolution No. 322 (March 12, 1965), Central Bank prohibited Overseas Bank from new loans and investments due to chronic reserve deficiencies; the restriction remained until 1968.
    • No formal declaration of insolvency was made against Overseas Bank in 1966–1967; Central Bank maintained that it is not guarantor of bank solvency.
    • In G.R. No. L-29352 (Emerito M. Ramos, et al. vs. Central Bank), petitioner Serrano sought to intervene but was denied; the Supreme Court ultimately annulled Central Bank resolutions ordering Overseas Bank’s liquidation and directed compliance with a Voting Trust Agreement.
  • Present Petition
    • Serrano filed for mandamus, prohibition, and a preliminary injunction to compel Central Bank, Overseas Bank, and its stockholders to pay the combined ₱350,000.00 with interest, establish joint and solidary liability, create a trust fund over collateral properties (Annex “7” of CBP’s answer in L-29352), and prohibit acts predicated on certain mortgages or transfers.
    • This Court denied the ex parte application for preliminary injunction.

Issues:

  • Whether mandamus and prohibition are proper remedies to recover time deposits with interest from Overseas Bank of Manila and to compel Central Bank to pay or secure such deposits.
  • Whether Central Bank’s supervisory duty creates a constructive trust over assets mortgaged or assigned by Overseas Bank for the benefit of depositors.
  • Whether the properties listed in Annex “7” constitute trust funds enforceable in this petition.
  • Whether claims for recovery of deposits and damages against Central Bank belong in this Court’s original special proceedings or in ordinary courts/liquidation proceedings.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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