(NEGO) PNB Vs Quimpo

G.R. No.
L-53194 March 14, 1988

PHILIPPINE NATIONAL BANK petitioner,
vs.
HON. ROMULO S. QUIMPO, Presiding Judge, Court of First Instance of Rizal, Branch XIV, and FRANCISCO S.
GOZON II, respondents.
FACTS:
On July 3, 1973, Francisco S. Gozon II, who was a depositor of the Caloocan City Branch of the Philippine National
Bank, went to the bank in his car accompanied by his friend Ernesto Santos whom he left in the car while he transacted
business in the bank.
When Santos saw that Gozon left his check book he took a check therefrom, filled it up for the amount of P5,000.00,
forged the signature of Gozon, and thereafter he encashed the check in the bank on the same day. The account of
Gozon was debited the said amount.
Upon receipt of the statement of account from the bank, Gozon asked that the said amount of P5,000.00 should be
returned to his account as his signature on the check was forged but the bank refused.
Upon complaint of private respondent on February 1, 1974 Ernesto Santos was apprehended by the police authorities
and upon investigation he admitted that he stole the check of Gozon, forged his signature and encashed the same with
the Bank.
Hence Gozon filed the complaint for recovery of the amount of P5,000.00, plus interest, damages, attorney's fees and
costs against the bank in the Court of First Instance of Rizal. After the issues were joined and the trial on the merits
ensued, a decision was rendered in favor of Gozon.
Not satisfied therewith, the bank now filed this petition for review on certiorari in this Court raising the sole legal issue
that
THE ACT OF RESPONDENT FRANCISCO GOZON, II IN PUTTING HIS CHECK BOOK CONTAINING
THE CHECK IN QUESTION INTO THE HANDS OF ERNESTO SANTOS WAS INDEED THE
PROXIMATE CAUSE OF THE LOSS, THEREBY PRECLUDING HIM FROM SETTING UP THE
DEFENSE OF FORGERY OR WANT 0F AUTHORITY UNDER SECTION 23 OF THE NEGOTIABLE
INSTRUMENTS LAW, ACT NO. 3201
ISSUE:
Whether or not there was contributory negligence on the part of Gozon when he negligently left his chect at the hands
of Ernesto Santos.
HELD: (NO, The bank was the one negligent for not verifying the signature of the check)
The petition is devoid of merit.
This Court reproduces with approval the disquisition of the court a quo as follows:
A bank is bound to know the signatures of its customers; and if it pays a forged check, it must be
considered as making the payment out of its own funds, and cannot ordinarily change the amount so
paid to the account of the depositor whose name was forged' (San Carlos Milling Co. vs. Bank of the
P.I., 59 Phil. 59).
This rule is absolutely necessary to the circulation of drafts and checks, and is based upon the
presumed negligence of the drawee in failing to meet its obligation to know the signature of its
correspondent. ... There is nothing inequitable in such a rule. If the paper comes to the drawee in the
regular course of business, and he, having the opportunity ascertaining its character, pronounces it to
be valid and pays it, it is not only a question of payment under mistake, but payment in neglect of duty
which the commercial law places upon him, and the result of his negligence must rest upon him (12
ALR 1901, citing many cases found in I Agbayani, supra).
Defendant, however, interposed the defense that it exercised diligence in accordance with the
accepted norms of banking practice when it accepted and paid Exhibit "A". It presented evidence that
the check had to pass scrutiny by a signature verifier as well as an officer of the bank.
A comparison of the signature (Exhibit "A-l") on the forged check (Exhibit "A") with plaintiffs exemplar
signatures (Exhibits "5-N" and "5-B") found in the PNB Form 35-A would immediately show the
negligence of the employees of the defendant bank. Even a not too careful comparison would
immediately arrest one's attention and direct it to the graceful lines of plaintiffs exemplar signatures
found in Exhibits "5-A" and "5-B". The formation of the first letter "F" in the exemplars, which could be
regarded as artistic, is completely different from the way the same letter is formed in Exhibit "A-l". That
alone should have alerted a more careful and prudent signature verifier.
The prime duty of a bank is to ascertain the genuineness of the signature of the drawer or the depositor on the
check being encashed. It is expected to use reasonable business prudence in accepting and cashing a check
presented to it.
In this case the findings of facts of the court a quo are conclusive. The trial court found that a comparison of the
signature on the forged check and the sample signatures of private respondent show marked differences as the
graceful lines in the sample signature which is completely different from those of the signature on the forged check.
Indeed the NBI handwriting expert Estelita Santiago Agnes whom the trial court considered to be an "unbiased
scientific expert" indicated the marked differences between the signature of private respondent on the sample
signatures and the questioned signature. Notwithstanding the testimony of Col. Fernandez, witness for petitioner,
advancing the opinion that the questioned signature appears to be genuine, the trial court by merely examining the
pictorial report presented by said witness, found a marked difference in the second "c" in Francisco as written on the
questioned signature as compared to the sample signatures, and the separation between the "s" and the "c" in the
questioned signature while they are connected in the sample signatures.
Obviously, petitioner was negligent in encashing said forged check without carefully examining the signature
which shows marked variation from the genuine signature of private respondent.
In reference to the allegation of the petitioner that it is the negligence of private respondent that is the cause of the loss
which he suffered, the trial court held:
The act of plaintiff in leaving his checkbook in the car while he went out for a short while can not be
considered negligence sufficient to excuse the defendant bank from its own negligence. It should be
home in mind that when defendant left his car, Ernesto Santos, a long time classmate and friend
remained in the same. Defendant could not have been expected to know that the said Ernesto Santos
would remove a check from his checkbook. Defendant had trust in his classmate and friend. He had no
reason to suspect that the latter would breach that trust .
We agree.
Private respondent trustee Ernesto Santos as a classmate and a friend. He brought him along in his car to the
bank and he left his personal belongings in the car. Santos however removed and stole a check from his cheek
book without the knowledge and consent of private respondent. No doubt private respondent cannot be
considered negligent under the circumstances of the case.
WHEREFORE, the petition is DISMISSED for lack of merit with costs against petitioner.
SO ORDERED.

(NEGO) PNB Vs Quimpo

Uploaded by

Copyright:

Available Formats

(NEGO) PNB Vs Quimpo

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

(NEGO) PNB Vs Quimpo

Uploaded by

Copyright:

Available Formats

G.R. No.

L-53194 March 14, 1988

You might also like