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 Summary (G.R. No. 180069)

Plaintiff’s Claims

After his son’s leukemia treatment depleted his resources, respondent sought to liquidate the TICs in 1997. The bank repeatedly delayed production of records and, on June 22, 2000, through counsel, declared the TICs null and void due to their conversion into Common Trust Funds. Respondent demanded payment of principal and accrued interest, moral and exemplary damages, attorney’s fees, and reimbursement of filing costs.

Defendants’ Position

Petitioner admitted issuance of the TICs but denied that they carried an automatic roll‐over feature and asserted that respondent’s cause of action had prescribed. No documentary evidence of payment, cancellation, or termination of the TICs was presented.

Trial Court Decision

The RTC found respondent credible and held that the express trust relationship subsisted beyond maturity because the TICs were never replaced or cancelled. It recognized an automatic roll‐over practice, awarded respondent principal and stipulated interest for each certificate, legal interest of 6% per annum from maturity until full payment, P50,000 moral damages, P200,000 exemplary damages, P50,000 attorney’s fees plus P3,000 per hearing, and P22,117.80 filing‐fee reimbursement. The claim against Equitable Banking Corporation was dismissed.

Issues on Appeal

  1. Whether respondent is entitled to the relief sought.
  2. Whether the cause of action had prescribed.

Court of Appeals Ruling

The CA affirmed the RTC, finding no evidence that respondent had withdrawn or the bank had paid or cancelled the TICs. It upheld the presumption that an unpaid debt evidenced by possession of the certificates remains outstanding, rejected prescription, and agreed that maturity did not terminate the trust.

Supreme Court Ruling

The Supreme Court denied the petition for certiorari. It held that petitioner, as the party pleading payment, bore the burden of proving discharge of the obligation. Respondent’s possession of the original TICs constituted prima facie proof of non‐payment. Petitioner’s failure to present contrary documentary evidence or credible witness testimony led to the conclusion that no payment occurred.

Rationale on Proof of Payment

Pursuant to establish

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