Associated Bank vs. Tan

SUPREME COURT REPORTS ANNOTATED VOLUME 446 1/19/22, 8:01 PM
282 SUPREME COURT REPORTS ANNOTATED

Associated Bank vs. Tan
*
G.R. No. 156940. December 14, 2004.
ASSOCIATED BANK (Now WESTMONT BANK),

petitioner, vs. VICENTE HENRY TAN, respondent.
Commercial Law; Banks and Banking; The right of a collecting

bank to debit a clientÊs account for the value of a dishonored check
that has previously been credited has fairly been established by
jurisprudence.·A bank generally has a right of setoff over the
deposits therein for the payment of any withdrawals on the part of
a depositor. The right of a collecting bank to debit a clientÊs account
for the value of a dishonored check that has previously been
credited has fairly been established by jurisprudence. To begin with,
Article 1980 of the Civil Code provides that „[f]ixed, savings, and
current deposits of money in banks and similar institutions shall be
governed by the provisions concerning simple loan.‰
Same; Same; The relationship between banks and depositors
has been held to take place.·The relationship between banks and
depositors has been held to be that of creditor and debtor. Thus,
legal compensation under Article 1278 of the Civil Code may take
place „when all the requisites mentioned in Article 1279 are
present,‰ as follows: „(1) That each one of the obligors be bound
principally, and that he be at the same time a principal creditor of
the other; (2) That both debts consist in a sum of money, or if the
things due are consumable, they be of the same kind, and also of the
same quality if the latter has been stated; (3) That the two debts be
due; (4) That they be liquidated and demandable; (5) That over
neither of them there be any retention or controversy, commenced
by third persons and communicated in due time to the debtor.‰
Same; Same; By the nature of its functions, a bank is under
obligation to treat the accounts of its depositors with meticulous
https://www.central.com.ph/sfsreader/session/0000017e723e7046e026afbc000d00d40059004a/p/ANZ500/?username=Guest Page 1 of 20
care.·In BPI v. Casa Montessori, the Court has emphasized that

the banking business is impressed with public interest.
„Consequently, the highest degree of diligence is expected, and high
standards of integrity and performance are even required of it. By
the nature of its
_______________
* THIRD DIVISION.
283
VOL. 446, DECEMBER 14, 2004 283
functions, a bank is under obligation to treat the accounts of its

depositors with meticulous care.‰
Same; Same; The degree of diligence required of banks is more
than that of a good father of a family where the fiduciary nature of
their relationship with their depositors is concerned; The standard
applies, regardless of whether the account consists of only a few
hundred pesos or of millions.·Also affirming this long standing
doctrine, Philippine Bank of Commerce v. Court of Appeals has held
that „the degree of diligence required of banks is more than that of
a good father of a family where the fiduciary nature of their
relationship with their depositors is concerned.‰ Indeed, the
banking business is vested with the trust and confidence of the
public; hence the „appropriate standard of diligence must be very
high, if not the highest, degree of diligence.‰ The standard applies,
regardless of whether the account consists of only a few hundred
pesos or of millions.
Same; Same; It is indeed arguable that „in signing the deposit
slip, the depositor does so only to identify himself and not to agree to
the conditions set forth at the back of the deposit slip‰.·This
reservation is not enough to insulate the bank from any liability. In
the past, we have expressed doubt about the binding force of such
conditions unilaterally imposed by a bank without the consent of
the depositor. It is indeed arguable that „in signing the deposit slip,
the depositor does so only to identify himself and not to agree to the
conditions set forth at the back of the deposit slip.‰
Same; Same; Negotiable Instruments Law; Under the provisions
of the Negotiable Instruments Law regarding the liability of a
general indorser and the procedure for a notice of dishonor, it was
incumbent on the bank to give proper notice to respondent.·Under
the provisions of the Negotiable Instruments Law regarding the
liability of a general indorser and the procedure for a notice of
dishonor, it was incumbent on the bank to give proper notice to
respondent. In Gullas v. National Bank, the Court emphasized: „x x
x [A] general indorser of a negotiable instrument engages that if the
instrument·the check in this case·is dishonored and the
necessary proceedings for its dishonor are duly taken, he will pay
the amount thereof to the holder (Sec. 66) It has been held by a long
line of authorities that notice of dishonor is necessary to charge an
indorser and that the right of action against him does not accrue
until the notice is given.
284

PETITION for review on certiorari of a decision of the

Court of Appeals.
The facts are stated in the opinion of the Court.

Edgardo G. Villarin for petitioner.
Cesar R. Villar for respondent.
PANGANIBAN, J.:
While banks are granted by law the right to debit the value
of a dishonored check from a depositorÊs account, they must
do so with the highest degree of care, so as not to prejudice
the depositor unduly.
The Case
1
Before us is a Petition for Review under Rule 45 of the2
Rules of Court, assailing the January 27, 2003 Decision of
the Court of Appeals (CA) in CA-GR CV No. 56292. The CA

disposed as follows:
„WHEREFORE, premises considered, the Decision dated December

3, 1996, of the Regional Trial Court of Cabanatuan City, Third
Judicial Region, Branch 26, in Civil Case No. 892-AF is hereby
3
AFFIRMED. Costs against the [petitioner].‰
The Facts
The CA narrated the antecedents as follows:
„Vicente Henry Tan (hereafter TAN) is a businessman and a regular

depositor-creditor of the Associated Bank (hereinafter referred to as
the BANK). Sometime in September 1990, he deposited a
_______________
1 Rollo, pp. 18-42.

2 Penned by Justice Mercedes Gozo-Dadole and concurred in by Justices B.
A. Adefuin de la Cruz (then Chairman, Ninth Division) and Mariano C. del
Castillo.
3 CA Decision, p. 9; Rollo, p. 92.
285
VOL. 446, DECEMBER 14, 2004 285

postdated UCPB check with the said BANK in the amount of

P101,000.00 issued to him by a certain Willy Cheng from Tarlac.
The check was duly entered in his bank record thereby making his
balance in the amount of P297,000.00, as of October 1, 1990, from
his original deposit of P196,000.00. Allegedly, upon advice and
instruction of the BANK that the P101,000.00 check was already
cleared and backed up by sufficient funds, TAN, on the same date,
withdrew the sum of P240,000.00, leaving a balance of P57,793.45.
A day after, TAN deposited the amount of P50,000.00 making his
existing balance in the amount of P107,793.45, because he has
issued several checks to his business partners, to wit:
CHECK NUMBERS DATE AMOUNT
a. 138814 Sept. 29, 1990 P9,000.00

b. 138804 Oct. 8, 1990 9,350.00
c. 138787 Sept. 30, 1990 6,360.00
d. 138847 Sept. 29, 1990 21,850.00
e. 167054 Sept. 29, 1990 4,093.40
f. 138792 Sept. 29, 1990 3,546.00
g. 138774 Oct. 2, 1990 6,600.00
h. 167072 Oct. 10, 1990 9,908.00
i. 168802 Oct. 10, 1990 3,650.00
„However, his suppliers and business partners went back to him

alleging that the checks he issued bounced for insufficiency of
funds. Thereafter, TAN, thru his lawyer, informed the BANK to
take positive steps regarding the matter for he has adequate and
sufficient funds to pay the amount of the subject checks.
Nonetheless, the BANK did not bother nor offer any apology
regarding the incident. Consequently, TAN, as plaintiff, filed a
Complaint for Damages on December 19, 1990, with the Regional
Trial Court of Cabanatuan City, Third Judicial Region, docketed as
Civil Case No. 892-AF, against the BANK, as defendant.
„In his [C]omplaint, [respondent] maintained that he ha[d]
sufficient funds to pay the subject checks and alleged that his
suppliers decreased in number for lack of trust. As he has been in
the business community for quite a time and has established a good
record of reputation and probity, plaintiff claimed that he suffered
embarrassment, humiliation, besmirched reputation, mental
anxieties and
286

sleepless nights because of the said unfortunate incident.

[Respondent] further averred that he continuously lost profits in
the amount of P250,000.00. [Respondent] therefore prayed for
exemplary damages and that [petitioner] be ordered to pay him the
sum of P1,000,000.00 by way of moral damages, P250,000.00 as lost
profits, P50,000.00 as attorneyÊs fees plus 25% of the amount
claimed including P1,000.00 per court appearance.
„Meanwhile, [petitioner] filed a Motion to Dismiss on February 7,

1991, but the same was denied for lack of merit in an Order dated
March 7, 1991. Thereafter, [petitioner] BANK on March 20, 1991
filed its Answer denying, among others, the allegations of
[respondent] and alleged that no banking institution would give an
assurance to any of its client/depositor that the check deposited by
him had already been cleared and backed up by sufficient funds but
it could only presume that the same has been honored by the
drawee bank in view of the lapse of time that ordinarily takes for a
check to be cleared. For its part, [petitioner] alleged that on October
2, 1990, it gave notice to the [respondent] as to the return of his
UCPB check deposit in the amount of P101,000.00, hence, on even
date, [respondent] deposited the amount of P50,000.00 to cover the
returned check.
„By way of affirmative defense, [petitioner] averred that
[respondent] had no cause of action against it and argued that it
has all the right to debit the account of the [respondent] by reason
of the dishonor of the check deposited by the [respondent] which
was withdrawn by him prior to its clearing. [Petitioner] further
averred that it has no liability with respect to the clearing of
deposited checks as the clearing is being undertaken by the Central
Bank and in accepting [the] check deposit, it merely obligates itself
as depositorÊs collecting agent subject to actual payment by the
drawee bank. [Petitioner] therefore prayed that [respondent] be
ordered to pay it the amount of P1,000,000.00 by way of loss of
goodwill, P7,000.00 as acceptance fee plus P500.00 per appearance
and by way of attorneyÊs fees.
„Considering that Westmont Bank has taken over the
management of the affairs/properties of the BANK, [respondent] on
October 10, 1996, filed an Amended Complaint reiterating
substantially his allegations in the original complaint, except that
the name of the previous defendant ASSOCIATED BANK is now
WESTMONT BANK.
287
VOL. 446, DECEMBER 14, 2004 287

„Trial ensured and thereafter, the court rendered its Decision dated
December 3, 1996 in favor of the [respondent] and against the
[petitioner], ordering the latter to pay the [respondent] the sum of
P100,000.00 by way of moral damages, P75,000.00 as exemplary

damages, P25,000.00 as attorneyÊs fees, plus the costs of this suit.
In making said ruling, it was shown that [respondent] was not
officially informed about the debiting of the P101,000.00 [from] his
existing balance and that the BANK merely allowed the
[respondent] to use the fund prior to clearing merely for
accommodation because the BANK considered him as one of its
valued clients. The trial court ruled that the bank manager was
negligent in handling the particular checking account of the
[respondent] stating that such lapses caused all the inconveniences
to the [respondent]. The trial court also took into consideration that
[respondentÊs] mother was originally maintaining with the x x x
BANK [a] current account as well as [a] time deposit, but [o]n one
occasion, although his mother made a deposit, the same was not
4
credited in her favor but in the name of another.‰
Petitioner appealed to the CA on the issues of whether it

was within its rights, as collecting bank, to debit the
account of its client for a dishonored check; and whether it
had informed respondent about the dishonor prior to
debiting his account.
Ruling of the Court of Appeals
Affirming the trial court, the CA ruled that the bank

should not have authorized the withdrawal of the value of
the deposited check prior to its clearing. Having done so,
contrary to its obligation to treat respondentÊs account with
meticulous care, the bank violated its own policy. It thereby
took upon itself the obligation to officially inform
respondent of the status of his account before unilaterally
debiting the amount of P101,000. Without such notice, it is
estopped from blaming him for failing to fund his account.
_______________
4 Id., pp. 2-4 & 85-87. Citations omitted.
288

The CA opined that, had the P101,000 not been debited,

respondent would have had sufficient funds for the
postdated checks he had issued. Thus, the supposed
accommodation accorded by petitioner to him is the
proximate cause of his business woes and shame, for which
it is liable for damages.
Because of the bankÊs negligence, the CA awarded
respondent moral damages of P100,000. It also granted him
exemplary damages of P75,000 and attorneyÊs fees of
P25,000. 5
Hence this Petition.
Issue
In its Memorandum, petitioner raises the sole issue of

„whether or not the petitioner, which is acting as a
collecting bank, has the right to debit the account of its
client for a check
6
deposit which was dishonored by the
drawee bank.‰
The CourtÊs Ruling
The Petition has no merit.
Sole Issue:
Debit of DepositorÊs Account
Petitioner-bank contends that its rights and obligations

under the present set of facts were misappreciated by the
CA. It insists that its right to debit the amount of the
dishonored check from the account of respondent is clear
and unmistakable. Even assuming that it did not give him
notice that the check had been dishonored, such right
remains immediately enforceable.
_______________
5 The Petition was deemed submitted for decision on December 1,

2003, upon the courtÊs receipt of respondentÊs Memorandum signed by
Atty. Cesar R. Villar. PetitionerÊs Memorandum, signed by Atty. Edgardo
G. Villarin, was received by the Court on November 5, 2003.
6 PetitionerÊs Memorandum, p. 8; Rollo, p. 121.
289
VOL. 446, DECEMBER 14, 2004 289

In particular, petitioner argues that the check deposit slip

accomplished by respondent on September 17, 1990,
expressly stipulated that the bank was obligating itself
merely as the depositorÊs collecting agent and·until such
time as actual payment would be made to it·it was
reserving the right to charge against the depositorÊs
account any amount previously credited. Respondent was
allowed to withdraw the amount of the check prior to
clearing, merely as an act of accommodation, it added.
At the outset, we stress that the trial courtÊs factual
findings that were affirmed
7
by the CA are not subject to
review by this Court. As petitioner itself takes no issue
with those findings, we need only to determine the legal
consequence, based on the established facts.
Right of Setoff
A bank generally has a right of setoff over the deposits
therein for8 the payment of any withdrawals on the part of a
depositor. The right of a collecting bank to debit a clientÊs
account for the value of a dishonored check that has
previously been credited has fairly been established by
jurisprudence. To begin with, Article 1980 of the Civil Code
provides that „[f]ixed, savings, and current deposits of
money in banks and similar institutions shall be governed
by the provisions concerning simple loan.‰
_______________
7 Aclon v. Court of Appeals, 436 Phil. 219, 230; 387 SCRA 415, 423,
August 20, 2002; Reyes v. Court of Appeals & Far East Bank and Trust
Company, 415 Phil. 258, 267; 363 SCRA 51, 58, August 15, 2001; W-Red
Construction and Development Corporation v. Court of Appeals, 392 Phil.
888, 894; 338 SCRA 341, 345, August 17, 2000.
8 Gullas v. National Bank, 62 Phil. 519, 521, November 13, 1935.
290

Hence, the relationship between banks and depositors

9
has
been held to be that of creditor 10and debtor. Thus, legal
compensation under Article 1278 of the Civil Code may
take place „when 11all the requisites mentioned in Article
1279 are present,‰ as follows:
„(1) That each one of the obligors be bound principally,

and that he be at the same time a principal creditor
of the other;
(2) That both debts consist in a sum of money, or if the
things due are consumable, they be of the same
kind, and also of the same quality if the latter has
been stated;
(3) That the two debts be due;
(4) That they be liquidated and demandable;
(5) That over neither of them there be any retention or
controversy, commenced by third persons 12
and
communicated in due time to the debtor.‰
Nonetheless, the real issue here is not so much the right of

petitioner to debit respondentÊs account but, rather, the
manner in which it exercised such right. The Court has
held that even while the right of setoff is conceded,
separate is the question13
of whether that remedy has
properly been exercised.
_______________
9 Consolidated Bank & Trust Corporation v. Court of Appeals, 410

SCRA 562, 574, September 11, 2003; Guingona, Jr. v. City Fiscal of
Manila, 128 SCRA 577, 584, April 4, 1984; Serrano v. Central Bank of the
Phils., 96 SCRA 96, 102-103, February 14, 1980.
10 Article 1278 provides:
„Art. 1278. Compensation shall take place when two persons, in their own
right, are creditors and debtors of each other.‰ (See also Bank of the Philippine
Islands v. Court of Appeals, 325 Phil. 930, 938-939; 255 SCRA 571, 577, March
29, 1996.)
11 Article 1290 of the Civil Code.

12 Article 1279 of the Civil Code.
13 Gullas v. National Bank; supra, p. 522.
291
VOL. 446, DECEMBER 14, 2004 291

The liability of petitioner in this case ultimately revolves

around the issue of whether it properly exercised its right
of setoff. The determination thereof hinges, in turn, on the
bankÊs role and obligations, first, as respondentÊs depositary
bank; and second, as collecting agent for the check in
question.
Obligation as Depositary Bank

14
In BPI v. Casa Montessori, the Court has emphasized that
the banking business is impressed with public interest.
„Consequently, the highest degree of diligence is expected,
and high standards of integrity and performance are even
required of it. By the nature of its functions, a bank is
under obligation 15
to treat the accounts of its depositors with
meticulous care.‰
Also affirming this long standing 16 doctrine, Philippine
Bank of Commerce v. Court of Appeals has held that „the
degree of diligence required of banks is more than that of a
good father of a family where the fiduciary nature 17
of their
relationship with their depositors is concerned.‰ Indeed,
the banking business is vested with the trust and
confidence of the public; hence the „appropriate standard of
diligence must
18
be very high, if not the highest, degree of
diligence.‰ The standard
_______________
14 G.R. No. 149454, May 28, 2004, 430 SCRA 261.

15 Id., per Panganiban, J.
16 336 Phil. 667; 269 SCRA 695, March 14, 1997 (cited in Reyes v.
Court of Appeals & Far East Bank and Trust Company; supra, p. 269; p.
60.)
17 Id., p. 681; p. 708, per Hermosisima, Jr., J. See also Consolidated
Bank & Trust Corporation v. Court of Appeals; supra, pp. 574-575.
18 Philippine Commercial International Bank v. Court of Appeals, 350
SCRA 446, 472, January 29, 2001, per Quisumbing, J. (citing Simex
International [Manila], Inc. v. Court of Appeals, 183 SCRA 360, 367,
March 19, 1990).
292

applies, regardless of whether the19 account consists of only a

few hundred pesos or of millions.
The fiduciary
20
nature of banking, previously imposed by
case law, is now enshrined in Republic Act No. 8791 or the
General Banking Law of 2000. Section 2 of the law
specifically says that the State recognizes the „fiduciary
nature of banking that requires high standards of integrity
and performance.‰
Did petitioner treat respondentÊs account with the
highest degree of care? From all indications, it did not.
It is undisputed·nay, even admitted·that purportedly
as an act of accommodation to a valued client, petitioner
allowed the withdrawal of the face value of the deposited
check prior to its clearing. That act certainly disregarded
the clearance requirement of the banking system. Such a
practice21 is unusual, because a check is not legal tender or
money; and its value can properly be transferred to a
depositorÊs account22
only after the check has been cleared by
the drawee bank.
Under ordinary banking practice, after receiving a check
deposit, a bank either immediately credit the amount to a
_______________
19 Prudential Bank v. Court of Appeals, 384 Phil. 817, 825; 328 SCRA
264, 270, March 16, 2000; Philippine National Bank v. Court of Appeals,
373 Phil. 942, 948; 315 SCRA 309, 314-315, September 28, 1999; Simex
International v. Court of Appeals, supra; Bank of the Philippine Islands v.
Intermediate Appellate Court, 206 SCRA 408, 412-413, February 21,

1992.
20 Simex International v. Court of Appeals, supra; Bank of the
Philippine Islands v. Intermediate Appellate Court, supra; Metropolitan
Bank & Trust Co. v. Court of Appeals, 237 SCRA 761, 767, October 26,
1994.
21 Philippine Airlines, Inc. v. Court of Appeals, 181 SCRA 557, 568,
January 30, 1990.
22 Roman Catholic Bishop of Malolos, Inc. v. Intermediate Appellate
Court, 191 SCRA 411, 422, November 16, 1990 (cited in Bank of the
Philippine Islands v. Court of Appeals, 383 Phil. 538, 547; 326 SCRA 641,
650, February 29, 2000).
293
VOL. 446, DECEMBER 14, 2004 293

depositorÊs account; or infuse value to that account only23

after the drawee bank shall have paid such amount.
Before the check shall have been cleared for deposit, the
collecting bank can only „assume‰ at its own risk·as
herein petitioner did·that the check would be cleared and
paid out.
Reasonable business practice and prudence, moreover,
dictated that petitioner should not have authorized the
withdrawal by respondent of P240,000 on October 1, 1990,
as this amount was over24and above his outstanding cleared
balance of P196,793.45. Hence, the lower courts correctly
appreciated the evidence in his favor.
Obligation as Collecting Agent

Indeed, the bank deposit slip expressed this reservation:
„In receiving items on deposit, this Bank obligates itself only as the
DepositorÊs Collecting agent, assuming no responsibility beyond
carefulness in selecting correspondents, and until such time as
actual payments shall have come to its possession, this Bank
reserves the right to charge back to the DepositorÊs account any
amounts previously credited whether or not the deposited item is
25
returned. x x x.‰
However, this reservation is not enough to insulate the

bank from any liability. In the past, we have expressed
doubt about the binding force of such conditions
unilaterally
26
imposed by a bank without the consent of the
depositor. It is
_______________
23 Bank of the Philippine Islands v. Court of Appeals; supra, p. 554; p.

656 (citing Banco Atlantico v. Auditor General, 81 SCRA 335, 340-341,
January 31, 1978).
24 This amount was computed based on the bank ledger which was
submitted as Annex „A‰ of RespondentÊs Complaint; Rollo, p. 48.
25 PetitionerÊs (then Defendant-AppellantÊs) Brief to the CA, pp. 5-6;
Rollo, pp. 62-63.
26 Metropolitan Bank & Trust Company v. Court of Appeals, 194 SCRA
169, 175, February 18, 1991.
294

indeed arguable that „in signing the deposit slip, the

depositor does so only to identify himself and not to agree 27
to the conditions set forth at the back of the deposit slip.‰
Further, by the express terms of the stipulation,
petitioner took upon itself certain obligations as
respondentÊs agent, consonant with the well-settled rule
that the relationship between the payee or holder of a
commercial paper and 28
the collecting bank29
is that of
principal and agent. Under Article 1909 of the Civil
Code, such bank could be held liable not only for fraud, but
also for negligence.
As a general rule, a bank is liable for the wrongful or
tortuous acts and declarations of its officers or30 agents
within the course and scope of their employment. Due to
the very nature of their business, banks are expected to
exercise the highest degree of diligence in the selection and
supervision of
_______________
27 Ibid.
28 Philippine Commercial International Bank v. Court of Appeals;
supra, p. 466.
29 Art. 1909 of the Civil Code provides:
„Art. 1909. The agent is responsible not only for fraud, but also for negligence,
which shall be judged with more or less rigor by the courts, according to
whether the agency was or was not for compensation.‰

supra at p. 470; Producers Bank of the Philippines (Now First
International Bank) v. Court of Appeals, 397 SCRA 651, 663, February
19, 2003. Article 2180 of the Civil Code, which embodies this principle,
provides:
„Art. 2180. The obligation imposed by Article 2176 is demandable not only for
oneÊs own acts or omissions, but also for those of persons for whom one is
demandable.
xxx xxx xxx
„Employers shall be liable for the damages caused by their employees and
household helpers acting within the scope of their assigned tasks, even though
the former are not engaged in any business or industry.‰
295
VOL. 446, DECEMBER 14, 2004 295

31
their employees. Jurisprudence has established that the
lack of diligence of a servant is imputed to the negligence of
the employer, when the negligent or wrongful act of the 32
former proximately results in an injury to a third person;
in this case, the depositor.
The manager of the bankÊs Cabanatuan branch,
Consorcia Santiago, categorically admitted that she and
the employees under her control had breached bank
policies. They admittedly breached those policies when,
without clearance from the drawee bank in Baguio, they
allowed respondent to withdraw on October 1, 1990, the
amount of the check deposited. Santiago testified that
respondent „was not officially informed about the debiting
of the P101,000 from 33his existing balance of P170,000 on

October 2, 1990 x x x.‰
Being the branch manager, Santiago clearly acted
within the scope of her authority in authorizing the
withdrawal and the subsequent debiting without notice.
Accordingly, what remains to be determined is whether her
actions proximately caused respondentÊs injury. Proximate
cause is that which·in a natural and continuous sequence,
unbroken by any efficient intervening cause·produces the
injury, and
34
without which the result would not have
occurred.
Let us go back to the facts as they unfolded. It is
undeniable that the bankÊs premature authorization of the
withdrawal by respondent on October 1, 1990, triggered·
in rapid succession and in a natural sequence·the debiting
of his account, the fall of his account balance to insufficient
levels, and the subsequent dishonor of his own checks for
lack of funds. The CA correctly noted thus:
_______________

supra, p. 472.
32 Id., p. 464; Bank of the Philippine Islands v. Casa Montessori
Internationale; supra.
33 RTC Decision, p. 4; Rollo, p. 77.
34 Bank of the Philippine Islands v. Casa Montessori Internationale;
supra, p. 26.
296

„x x x [T]he depositor x x x withdrew his money upon the advice by

[petitioner] that his money was already cleared. Without such
advice, [respondent] would not have withdrawn the sum of
P240,000.00. Therefore, it cannot be denied that it was [petitionerÊs]
fault which allowed [respondent] to withdraw a huge sum which he
believed was already his.
„To emphasize, it is beyond cavil that [respondent] had sufficient
funds for the check. Had the P101,000.00 not [been] debited, the
subject checks would not have been dishonored. Hence, we can say
that [respondentÊs] injury arose from the dishonor of his well-funded
35
checks. x x x.‰
Aggravating matters, petitioner failed to show that it had

immediately and duly informed respondent of the debiting
of his account. Nonetheless, it argues that the giving of
notice was discernible from his act of depositing P50,000 on
October 2, 1990, to augment his account and allow the
debiting. This argument deserves short shrift.
First, notice was proper and ought to be expected. By the
bank managerÊs account, respondent was considered a
„valued client‰ whose checks 36
had always been sufficiently
funded from 1987 to 1990, until the October imbroglio.
Thus, he deserved nothing less than an official notice of the
precarious condition of his account.
Second, under the provisions of the Negotiable
Instruments
37
Law regarding the liability of a general
indorser and the
_______________
35 CA Decision, pp. 7-8; Rollo, pp. 90-91.

36 RTC Decision, p. 3; id., p. 76.
37 §66 of the Negotiable Instruments Law provides:
„Sec. 66. Liability of general indorser.·Every indorser who indorses without

qualification, warrants to all subsequent holders in due course:
xxx xxx xxx
„And, in addition, he engages that, on due presentment, it shall be accepted
or paid, or both, as the case may be, according to its tenor, and that if it be
dishonored and the necessary proceedings on dishonor be duly taken, he will
pay the amount
297
VOL. 446, DECEMBER 14, 2004 297

38
procedure for a notice of dishonor, it was incumbent on
the bank to give
39
proper notice to respondent. In Gullas v.
National Bank, the Court emphasized:
„x x x [A] general indorser of a negotiable instrument engages that

if the instrument·the check in this case·is dishonored and the
necessary proceedings for its dishonor are duly taken, he will pay
the amount thereof to the holder (Sec. 66) It has been held by a long
line of authorities that notice of dishonor is necessary to charge an
indorser and that the right of action against him does not accrue
until the notice is given.
„x x x. The fact we believe is undeniable that prior to the mailing
of notice of dishonor, and without waiting for any action by Gullas,
the bank made use of the money standing in his account to make
good for the treasury warrant. At this point recall that Gullas was
merely an indorser and had issued checks in good faith. As to a
depositor who has funds sufficient to meet payment of a check drawn
by him in favor of a third party, it has been held that he has a right
of action against the bank for its refusal to pay such a check in the
absence of notice to him that the bank has applied the funds so
deposited in extinguishment of past due claims held against him.
(Callahan vs. Bank of Anderson [1904], 2 Ann. Cas., 203.) However
this may be, as to an indorser the situation is different, and notice
should actually have been given him in order that he might protect
40
his interests.‰
_______________
thereof to the holder, or to any subsequent indorser who may be compelled to

pay it.‰
38 The procedure as to the manner and the time of giving notice is

outlined under §§89-118 of the said law. §89, in particular, provides as
follows:
„Sec. 89. To whom notice of dishonor must be given.·Except as herein

otherwise provided, when a negotiable instrument has been dishonored by non-
acceptance or non-payment, notice of dishonor must be given to the drawer and
to each indorser, and any drawer or indorser to whom such notice is not given
is discharged.‰
39 Supra.
40 Id., pp. 521-522, per Malcolm, J.
298
Third, regarding the deposit of P50,000 made by

respondent on October 2, 1990, we fully subscribe to the
CAÊs observations that it was not unusual for a well-
reputed businessman like him, who „ordinarily takes note
of the amount of money he takes and releases,‰ to
immediately deposit money in his current 41 account to
answer for the postdated checks he had issued.
Damages
Inasmuch as petitioner does not contest the basis for the
award of damages and attorneyÊs fees, we will no longer
address these matters.
WHEREFORE, the Petition is DENIED and the assailed
Decision AFFIRMED. Costs against petitioner.
SO ORDERED.
Sandoval-Gutierrez, Carpio-Morales and Garcia,

JJ., concur.
Corona, J., On Leave.
Petition denied, assailed decision affirmed.
Note.·In dealing with its depositors, a bank should

exercise its functions not only with the diligence of a good
father of a family but it should do so with the highest
degree of care. (Bank of the Philippine Islands vs. Court of
Appeals, 326 SCRA 641 [2000])
··o0o··
_______________
41 CA Decision, p. 7; Rollo, p. 90.
299
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SUPREME COURT REPORTS ANNOTATED VOLUME 446 1/19/22, 8:01 PM

282 SUPREME COURT REPORTS ANNOTATED

ASSOCIATED BANK (Now WESTMONT BANK),

Commercial Law; Banks and Banking; The right of a collecting

care.·In BPI v. Casa Montessori, the Court has emphasized that

VOL. 446, DECEMBER 14, 2004 283

Associated Bank vs. Tan

functions, a bank is under obligation to treat the accounts of its

284 SUPREME COURT REPORTS ANNOTATED

PETITION for review on certiorari of a decision of the

The facts are stated in the opinion of the Court.

the Court of Appeals (CA) in CA-GR CV No. 56292. The CA

„WHEREFORE, premises considered, the Decision dated December

The CA narrated the antecedents as follows:

„Vicente Henry Tan (hereafter TAN) is a businessman and a regular

1 Rollo, pp. 18-42.

VOL. 446, DECEMBER 14, 2004 285

postdated UCPB check with the said BANK in the amount of

CHECK NUMBERS DATE AMOUNT

a. 138814 Sept. 29, 1990 P9,000.00

„However, his suppliers and business partners went back to him

286 SUPREME COURT REPORTS ANNOTATED

sleepless nights because of the said unfortunate incident.

„Meanwhile, [petitioner] filed a Motion to Dismiss on February 7,

VOL. 446, DECEMBER 14, 2004 287

P100,000.00 by way of moral damages, P75,000.00 as exemplary

Petitioner appealed to the CA on the issues of whether it

Ruling of the Court of Appeals

Affirming the trial court, the CA ruled that the bank

4 Id., pp. 2-4 & 85-87. Citations omitted.

288 SUPREME COURT REPORTS ANNOTATED

The CA opined that, had the P101,000 not been debited,

In its Memorandum, petitioner raises the sole issue of

The CourtÊs Ruling

The Petition has no merit.

Petitioner-bank contends that its rights and obligations

5 The Petition was deemed submitted for decision on December 1,

6 PetitionerÊs Memorandum, p. 8; Rollo, p. 121.

VOL. 446, DECEMBER 14, 2004 289

In particular, petitioner argues that the check deposit slip

290 SUPREME COURT REPORTS ANNOTATED

Hence, the relationship between banks and depositors

„(1) That each one of the obligors be bound principally,

Nonetheless, the real issue here is not so much the right of

9 Consolidated Bank & Trust Corporation v. Court of Appeals, 410

11 Article 1290 of the Civil Code.

VOL. 446, DECEMBER 14, 2004 291

The liability of petitioner in this case ultimately revolves

Obligation as Depositary Bank

14 G.R. No. 149454, May 28, 2004, 430 SCRA 261.

292 SUPREME COURT REPORTS ANNOTATED

applies, regardless of whether the19 account consists of only a

Intermediate Appellate Court, 206 SCRA 408, 412-413, February 21,

VOL. 446, DECEMBER 14, 2004 293

depositorÊs account; or infuse value to that account only23

Obligation as Collecting Agent

However, this reservation is not enough to insulate the

23 Bank of the Philippine Islands v. Court of Appeals; supra, p. 554; p.

294 SUPREME COURT REPORTS ANNOTATED