Title
Source: Supreme Court
Bangayan vs. Rizal Commercial Banking Corp.
Case
G.R. No. 149193
Decision Date
Apr 4, 2011
A dispute over RCBC's freezing of Ricardo Bangayan's accounts under an alleged forged surety agreement, leading to dishonored checks and claims of Bank Secrecy Act violations, ultimately dismissed by courts.

Case Summary (G.R. No. 149193)

Factual Background Regarding the Surety Agreement and Bank Accounts

Petitioner Bangayan maintained two bank accounts—savings and current—at RCBC, both subject to an automatic transfer condition for check funding. On June 26, 1992, Bangayan allegedly signed a Comprehensive Surety Agreement (Surety Agreement) with RCBC that acted as security for the obligations of nine corporations under loans, advances, and credits extended by the bank. The agreement authorized RCBC to hold petitioner’s funds as collateral to guarantee these corporations' loans and associated obligations. Bangayan disputed the validity of this document, alleging forgery of his signature and lack of notarization.

Banking Transactions and Letters of Credit Secured by the Surety Agreement

On the same date the Surety Agreement was allegedly signed, RCBC issued letters of credit (LCs) for three corporations—LBZ Commercial, Peaks Marketing, and Final Sales Enterprise—to facilitate importations from Korea. A fourth LC was issued for Lotec Marketing on August 26, 1992. These LCs were secured by petitioner Bangayan under the Surety Agreement. Following shipment arrivals, the Bureau of Customs (BOC) demanded remittance of import duties amounting to over PhP13 million via letter dated September 15, 1992; petitioner was informed and allegedly acknowledged this.

Bank Actions and Dishonor of Checks

In response to the BOC demand, RCBC placed a hold on funds in Bangayan's accounts pursuant to the Surety Agreement. Consequently, RCBC dishonored seven checks amounting to PhP13,824,000 due to insufficient funds, after applying petitioner’s deposits to satisfy obligations of the corporations guaranteed under the agreement. The first two checks, presented on September 18, 1992, were dishonored despite initial debiting entries, while the remaining five checks were dishonored on October 15, 1992. Payees subsequently demanded payment from Bangayan following these dishonors.

Allegations of Violation of the Bank Secrecy Act

Petitioner Bangayan accused RCBC and Philip Saria of wrongfully disclosing confidential information about his bank accounts to the BOC in violation of the Bank Secrecy Act (RA 1405). However, the trial court found no evidence supporting the claim that confidential information was improperly divulged and considered the issue as non-substantial.

Proceedings in the Trial Court

Petitioner filed a complaint for damages against RCBC in November 1992, alleging wrongful dishonor of checks and violation of the Bank Secrecy Act. Respondent bank denied wrongdoing, asserting Bangayan’s obligation under the Surety Agreement and justification in withholding and applying his funds to settle guaranteed debts. The trial involved witness testimonies, discovery motions, and procedural disputes, including a motion to inhibit the presiding judge and issues over the exclusion and later reinstatement of RCBC witness Eli Lao’s testimony.

Trial Court Decision

The trial court ruled in favor of RCBC, dismissing the complaint on the grounds that Bangayan failed to prove malice, negligence, or wrongful dishonor. It held that RCBC acted within its rights as a creditor under the valid Surety Agreement and that no confidential bank information was unlawfully disclosed.

Court of Appeals Affirmance

The Court of Appeals affirmed the trial court’s decision, concluding that RCBC dishonored the checks justifiably given the lien on Bangayan’s accounts under the Surety Agreement, and there was no proof of bad faith or fraud. The appellate court also ruled that Bangayan could not raise questions concerning the authenticity of the Surety Agreement for the first time on appeal.

Issues on Appeal to the Supreme Court

The petition raised the following key issues:

  1. Whether RCBC was justified in dishonoring the checks and if Bangayan was entitled to damages;
  2. Whether the trial court erred in reinstating the testimony of RCBC’s witness Lao;
  3. Whether RCBC violated the Bank Secrecy Act by disclosing confidential information.

Limitation on Review and Factual Findings

The Supreme Court emphasized that under Rule 45, only questions of law may be reviewed, and questions of fact are generally outside its jurisdiction. The Court found no compelling reason to depart from facts established by the lower courts which found the Surety Agreement authentic and the bank’s actions justified.

Validity and Authenticity of the Surety Agreement

The Court held that Bangayan failed to substantiate allegations that his signature was forged. Forgery cannot be presumed and must be proven by clear and convincing evidence, which was lacking. RCBC witness Lao positively identified Bangayan’s signature and the documents’ authenticity. Further, absence of notarization did not invalidate the Surety Agreement since notarization is not an essential element for the validity of contracts in the Philippines. The annex listing addresses, though unsigned, did not affect the main agreement’s validity.

Justification for Dishonor of Checks and Application of Funds

The Court found no evidence of malice or bad faith by RCBC in dishonoring the checks. The bank exercised its contractual rights to apply Bangayan’s funds as surety for the corporations’ obligations under the Letters of Credit, which had become due and demandable. The "independence principle" in letters of credit obligated RCBC to pay the beneficiary promptly, justifying the application of Bangayan’s deposits to settle the obligations. Any damages suffered were the consequence of Bangayan’s obligations as surety, not wrongful acts by RCBC.

Reinstatement of Witness Testimony and Due Process Considerations

The Court upheld the trial court’s discretionary pow

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