39 Bank of The Philippine Islands vs. Court of Appeals

Bank of the Philippine Islands vs.
Court of Appeals
G.R. No. 104612. May 10, 1994
DAVIDE, JR., J.:
Facts:
Eastern Plywood Corporation and Benigno Lim had a joint account with Commercial
Bank and Trust Co., the predecessor-in-interest of petitioner Bank of the Philippine Islands
(BPI). Sometime in 1975, a joint checking account was opened by Mariano Velasco with Lim in
the amount of P120,000.00 withdrawn from the account of Easter and/or Lim. The money was
placed in a money market in the joint account of Velasco and Lim. Velasco died on April 7, 1977
and at the time of his death, the outstanding balance of the account stood at P662,522.87. By
virtue of an Indemnity Undertaking executed by Lim, one-half of this amount was provisionally
released and transferred to one of the bank account of Eastern with CBTC. Thereafter, Eastern
obtained a loan of P73,000.00 from CBTC and issued a negotiable instrument note payable on
demand to the order of CBTC. Lim and CBTC signed another document entitled “Holdout
Agreement” wherein as security of the loan, Eastern and Lim offered CBTC to holdout the joint
account of Lim and Velasco to the full extent of their alleged interests therein. However, in the
settlement of estate of Velasco, the whole balance of the joint account was being claimed by
Velasco’s estate, in which the court granted the urgent motion of the heirs of Velasco to
withdraw the deposit under the joint account of Lim and Velasco and authorized the heirs to
divide among themselves the amount withdrawn. BPI, then, filed a complaint against Lim and
Eastern, demanding the payment of P73,000.00 in which the RTC dismissed for failure of BPI to
make out its case. Upon appeal, CA ordered BPI “to pay defendants the amount of P331.261.44
representing the outstanding balance in the bank account of defendants.
Issue:
Whether BPI can demand payment of the loan of P73,000.00 despite the existence of the
Holdout Agreement and whether BPI is still liable to the private respondents on the account
subject of the Holdout Agreement after its withdrawal by the heirs of Velasco?
Rule of law:
Application:
The account was proved and established to belong to Eastern even if it was deposited in the
names of Lim and Velasco. As the real creditor of the bank, Eastern has the right to withdraw it
or to demand payment thereof. BPI cannot be relieved of its duty to pay Eastern simply because
it already allowed the heirs of Velasco to withdraw the whole balance of the account. The
petitioner should not have allowed such withdrawal because it had admitted in the Holdout
Agreement the questioned ownership of the money deposited in the account. As early as 12 May
1979, CBTC was notified by the Corporate Secretary of Eastern that the deposit in the joint
account of Velasco and Lim was being claimed by them and that one-half was being claimed by
the heirs of Velasco
Because the ownership of the deposit remained undetermined, BPI, as the debtor with
respect thereto, had no right to pay to persons other than those in whose favor the obligation was
constituted or whose right or authority to receive payment is indisputable. The payment of the
money deposited with BPI that will extinguish its obligation to the creditor-depositor is payment
to the person of the creditor or to one authorized by him or by the law to receive it. Payment
made by the debtor to the wrong party does not extinguish the obligation as to the creditor who is
without fault or negligence, even if the debtor acted in utmost good faith and by mistake as to the
person of the creditor, or through error induced by fraud of a third person. The payment then by
BPI to the heirs of Velasco, even if done in good faith, did not extinguish its obligation to the
true depositor, Eastern.
Conclusion:
WHEREFORE, the instant petition is partly GRANTED. The challenged amended
decision is hereby MODIFIED. Private respondents are ordered to pay the petitioner the
promissory note for P73,000.00

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