6enforcement of Liability

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VII.

Enforcement of Liability
Crisologo-Jose vs. CA, Sept. 15, 1989

Salas vs. CA, Jan. 22, 1990

PNB vs. CA, Jan. 22, 1990

Associated Bank vs. CA, Jan. 31, 1996

Facts: The Province of Tarlac maintains a current account with PNB. Checks were
issued and received by the hospitals administrative officer and cashier, Pangilinan.
Panilinan, through the help of Associated Bank but after forging the signature of the
hospitals chief was able to deposit the checks in his personal account. The province
discovered that the hospital did not receive several allotted checks, and sought the
restoration of the debited amounts from PNB. In turn, PNB demanded
reimbursement from Associated Bank. Both banks resisted payment. Hence, this
present action.
Issue: Whether or not Associated Bank should bear the loss.
Held: Associated Bank, and not PNB, is the one duty-bound to warrant the
instrument as genuine, valid and subsisting at the time of indorsement pursuant to
Section 66 of the NIL. The stamp guaranteeing prior indorsement is not an empty
rubric; the collecting bank is held accountable for checks deposited by its
customers.

Great Eastern vs. Hong Kong Shanghai Bank, Aug. 23, 1922

Republic vs. Ebrada, July 31, 1975

PNB vs. Quimpo, March 14, 1988

Gempesaw vs. CA, Feb. 9, 1993

PCI Bank vs. CA, 350 SCRA 446

Papa vs. AU Valencia, 284 SCRA 643

Far East Realty vs. Cam, 166 SCRA 256 (1988)

McGuire vs Province of Samar, GR L-8155, Oct. 23, 1956

Asia Banking vs. Javier, GR 19051, April 1923

Gullas vs. PNB, GR 43191, Nov. 13, 1935

Nyco Sales vs. BA Finance, 200 SCRA 637, 1991

Great Asian Sales vs. CA, GR 105774, April 25, 2002

Luis Wong vs CA, GR 117857, Feb. 2, 2001

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