Summary: The
standard of diligence required of banks is higher than the degree of diligence
of a good father of a family.
FACTS: Sometime
in May 1996, respondents discovered that their father maintained a premium
savings account with Philippine National Bank (PNB), Sta. Elena-Marikina City
Branch.
Respondents went to PNB to withdraw their father's deposit.
However, Aguilar informed them that the deposit had already
"been released to a certain Bernardito Manimbo (Manimbo) on April 1,
1997."
On May 20, 1998, respondents filed before the Regional
Trial Court of Marikina City a complaint for sum of money and damages against
PNB, Lina B. Aguilar, and a John Doe.
On May 20, 1998, respondents filed before the Regional
Trial Court of Marikina City a complaint for sum of money and damages against
PNB, Lina B. Aguilar, and a John Doe.
ISSUE: Whether
Philippine National Bank was negligent in releasing the deposit to Bernardito
Manimbo.
HELD: The
default standard of diligence in the performance of obligations is
"diligence of a good father of a family.
Other industries, because of their nature, are bound by law
to observe higher standards of diligence. Common carriers, for example, must
observe "extraordinary diligence in the vigilance over the goods and for
the safety of [their] passengers" because it is considered a business
affected with public interest. "Extraordinary diligence" with respect
to passenger safety is further qualified as "carrying the passengers
safely as far as human care and foresight can provide, using the utmost
diligence of very cautious persons, with... a due regard for all the
circumstances.
Similar to common carriers, banking is a business that is
impressed with public interest. It affects economies and plays a significant
role in businesses and commerce. The public reposes its faith and confidence
upon banks, such that "even the humble wage-earner has not hesitated to
entrust his life's savings to the bank of his choice, knowing that they will be
safe in its custody and will even earn some interest for him." This is why
we have recognized the fiduciary nature of the banks' functions, and attached a
special standard of diligence for the exercise of their functions.
Petitioners PNB and Aguilar either have no fixed standards
for the release of their deceased clients' deposits or they have standards that
they disregard for convenience, favor, or upon exercise of discretion. Both are
inconsistent with the required diligence of banks. These threaten the safety of
the depositors' accounts as they provide avenues for fraudulent practices by
third persons or by bank officers themselves.
Petitioner Aguilar was aware that there were other
claimants to Angel C. Santos' deposit. Respondents had already communicated
with petitioner Aguilar regarding Angel C. Santos' account before Manimbo
appeared. Petitioner Aguilar even gave respondents the updated passbook of
Angel C. Santos' account. Yet, petitioners PNB and Aguilar did not think twice
before they released the deposit to Manimbo. They did not doubt why no original
death certificate could be submitted. They did not doubt why Reyme L. Santos
would execute an... affidavit of self-adjudication when he, together with
others, had previously asked for the release of Angel C. Santos' deposit. They
also relied on the certificate of time deposit and on Manimbo's representation
that the passbook was lost when the passbook had just been previously presented
to Aguilar for updating.
Comments
Post a Comment