Title
Yang vs. Court of Appeals
Case
G.R. No. 138074
Decision Date
Aug 15, 2003
Yang and Chandiramani's agreement for check exchange led to disputes over lost instruments, with David deemed a holder in due course; damages awarded to David and PCIB.

Case Summary (G.R. No. 138074)

Facts of the Case

Petitioner Cely Yang and Prem Chandiramani entered into an agreement involving the exchange of manager’s checks and dollar drafts totaling millions of pesos and U.S. dollars. Yang issued two cashier’s checks (Equitable and FEBTC) each worth P2,087,000.00 payable to Fernando David, and a FEBTC dollar draft for US$200,000.00. Chandiramani was to deliver a PCIB manager’s check worth P4.2 million and a Hang Seng Bank dollar draft for the same amount to Yang in exchange.

On December 22, 1987, Chandiramani failed to meet Ranigo (Yang’s messenger) as agreed and allegedly “lost” the checks and draft. However, Chandiramani delivered the cashier’s checks to Fernando David, who gave Chandiramani US$360,000.00 in exchange and deposited the dollar draft into a PCIB foreign currency account. Yang then requested a stop payment order from FEBTC and Equitable for the instruments, which FEBTC later lifted on the dollar draft after representation from PCIB. Yang filed two civil cases seeking to recover the amount of the checks and dollar draft with damages against the banks and individuals involved.

Trial Court Proceedings and Decision

The Regional Trial Court (RTC) of Pasay City dismissed the complaints against the banks (FEBTC, Equitable, PCIB) and ruled in favor of Fernando David as the lawful holder of the proceeds of the two cashier’s checks, as well as the earnings therefrom pendente lite. Yang was ordered to pay David moral damages of P100,000.00 and attorney’s fees of the same amount. The court held that David was a holder in due course of the checks, having taken them in good faith, for value, without notice of any defects or dishonor. The court allowed dismissal of claims against the banks but reserved Yang’s remedy against Chandiramani for reimbursement.

Court of Appeals Ruling

The Court of Appeals (CA) affirmed the RTC decision with modification. It agreed that Fernando David was a holder in due course, emphasizing that he had taken reasonable measures by verifying the genuineness of the checks through his bank before acceptance, had no notice or knowledge of any infirmity, and acted in good faith. The CA also ruled that David’s acquaintanceship with Chandiramani was insufficient evidence of conspiracy to defraud Yang. PCIB was awarded attorney’s fees of P25,000.00 as the claim against it was baseless. The appeal by Yang was denied.

Issues Presented Before the Supreme Court

  1. Whether the checks were issued to Prem Chandiramani by petitioner Cely Yang;
  2. Whether the transaction between Chandiramani and Fernando David was legitimate or a scheme to defraud petitioner;
  3. Whether David gave Chandiramani US$360,000.00 or only a fraction thereof;
  4. Whether David and PCIB were entitled to damages and attorney’s fees.

Supreme Court's Analysis on Holder in Due Course Status

The Court emphasized that a payee such as David is prima facie presumed a holder in due course if he meets the requisites under Section 52 of the Negotiable Instruments Law: the instrument must be complete and regular on its face; acquired before it was overdue and without notice of past dishonor; taken in good faith and for value; and with no notice of any defect in title or instrument.

The Court rejected petitioner’s argument that David failed to inquire into Chandiramani’s title to the checks and that the crossed nature of the checks mandated such inquiry. The Court noted that David, as payee, deposited the checks promptly into his bank account, satisfying the purpose of the crossing. The Court distinguished this case from Bataan Cigar Cigarette Factory, Inc. v. Court of Appeals, where the payee discounted the crossed check in bad faith.

Regarding consideration, the Court relied on the presumption under Section 24 of the Negotiable Instruments Law that all negotiable instruments are issued for value, and noted that petitioner failed to present credible evidence to rebut this presumption. The factual findings of the trial and appellate court that David paid Chandiramani US$360,000.00 for the checks were binding. Additionally, David performed due diligence by verifying the genuineness of the checks through his bank prior to acceptance and had no notice of the stop payment. Thus, he took the ch

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