Title
Banco De Oro vs. Equitable Banking Corp.
Case
G.R. No. 74917
Decision Date
Jan 20, 1988
BDO sued EBC and PCHC over forged endorsements on non-negotiable checks. SC ruled BDO liable for negligence and warranty, affirming PCHC jurisdiction.

Case Summary (G.R. No. 74917)

Facts of the Case

In 1983, Banco de Oro issued six crossed Manager's checks totaling ₱45,982.23, deposited with Equitable Banking Corporation on behalf of its client, Aida Trencio. The checks were forwarded to the PCHC for clearing. Banco de Oro later discovered that all endorsements on the checks were forged. Seeking reimbursement, Banco de Oro presented the checks directly to Equitable Banking, which refused to honor the claim, leading them to file a complaint. The trial court directed arbitration per the PCHC Clearing Rules.

Arbitration Proceedings

An Arbitrator ruled in favor of Banco de Oro, ordering PCHC to debit Equitable Banking's account and credit Banco de Oro's account, along with interest and a partial award of attorney’s fees. The PCHC Board affirmed this ruling. Subsequently, the trial court upheld the arbitration decision, prompting Equitable Banking to file a petition for review.

Issues Presented

The petitioner raised several issues: whether PCHC had jurisdiction over the case, whether the checks in question were non-negotiable, the applicability of the Negotiable Instrument Law, what laws governed the situation, and whether Banco de Oro was negligent, thus responsible for the payment.

Jurisdiction and Applicable Law

Equitable Banking contended that the PCHC's jurisdiction was limited to genuinely negotiable checks and argued the checks were non-negotiable due to the removal of the "or bearer" clause. The court, however, emphasized that there is no distinction in the PCHC's rules regarding the nature of checks, asserting the jurisdiction applied to both negotiable and non-negotiable instruments as part of its mandate.

Findings on Non-Negotiability

The trial court concluded that the PCHC's articles of incorporation encompass all types of checks used in commercial transactions, affirming the validity of PCHC's jurisdiction even when the checks were non-negotiable. Furthermore, it highlighted that the standard practice in commercial banking operations does not preclude non-negotiable checks from PCHC's jurisdiction.

Petitioner’s Liability

The court further affirmed that Equitable Banking's express guarantee of validity on prior endorsements made at the back of the checks constituted an assumption of liability as if it were an endorser, which rendered it responsible for any losses incurred when these endorsements were found to be forged. The principle of estoppel prevented Equitable Banking from denying the authenticity of its representation post-clearance of the checks.

Estoppel and its Application

Equitable Banking was found to be estopped from contesting its liability as an endorser because it had conducted itself in a manner leading Banco de Oro to believe the endorsements were valid. The reliance on this representation to th

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