6enforcement of Liability
6enforcement of Liability
6enforcement of Liability
Enforcement of Liability
Crisologo-Jose vs. CA, Sept. 15, 1989
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