G.R. No. 149454 - BANK OF THE PHILIPPINE ISLANDS, VS. CASA MONTESSORI INTERNATIONALE AND LEONARDO T. YABUT.CASA MONTESSORI INTERNATIONALE, VS. BANK OF THE PHILIPPINE ISLANDS.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, upon the premises, the decision appealed from is AFFIRMED with the modification that defendant bank [Bank of the Philippine Islands (BPI)] is held liable only for one-half of the value of the forged checks in the amount of P547,115.00 after deductions subject to REIMBURSEMENT from third party defendant Yabut who is likewise ORDERED to pay the other half to plaintiff corporation [ Casa Montessori Internationale (CASA)] . [4] The assailed Resolution denied all the parties Motions for Reconsideration. The Facts The facts of the case are narrated by the CA as follows: On November 8, 1982, plaintiff CASA Montessori International [5] opened Current Account No. 0291-0081-01 with defendant BPI [,] with CASAs President Ms. Ma. Carina C. Lebron as one of its authorized signatories. In 1991, after conducting an investigation, plaintiff discovered that nine (9) of its checks had been encashed by a certain Sonny D. Santos since 1990 in the total amount of P782,000.00, on the following dates and amounts: Check No. Date Amount 1. 839700 April 24, 1990 P 43,400.00 2. 839459 Nov. 2, 1990 110,500.00 3. 839609 Oct. 17, 1990 47,723.00 4. 839549 April 7, 1990 90,700.00 5. 839569 Sept. 23, 1990 52,277.00 6. 729149 Mar. 22, 1990 148,000.00 7. 729129 Mar. 16, 1990 51,015.00 8. 839684 Dec. 1, 1990 140,000.00 9. 729034 Mar. 2, 1990 98,985.00 Total -- P 782,600.00 [6] It turned out that Sonny D. Santos with account at BPIs Greenbelt Branch [was] a fictitious name used by third party defendant Leonardo T. Yabut who worked as external auditor of CASA. Third party defendant voluntarily admitted that he forged the signature of Ms. Lebron and encashed the checks. The PNP Crime Laboratory conducted an examination of the nine (9) checks and concluded that the handwritings thereon compared to the standard signature of Ms. Lebron were not written by the latter. On March 4, 1991, plaintiff filed the herein Complaint for Collection with Damages against defendant bank praying that the latter be ordered to reinstate the amount of P782,500.00 [7] in the current and savings accounts of the plaintiff with interest at 6% per annum. On February 16, 1999, the RTC rendered the appealed decision in favor of the plaintiff. [8] Ruling of the Court of Appeals Modifying the Decision of the Regional Trial Court (RTC), the CA apportioned the loss between BPI and CASA. The appellate court took into account CASAs contributory negligence that resulted in the undetected forgery. It then ordered Leonardo T. Yabut to reimburse BPI half the total amount claimed; and CASA, the other half. It also disallowed attorneys fees and moral and exemplary damages. Hence, these Petitions. [9] Issues In GR No. 149454, Petitioner BPI submits the following issues for our consideration: I. The Honorable Court of Appeals erred in deciding this case NOT in accord with the applicable decisions of this Honorable Court to the effect that forgery cannot be presumed; that it must be proved by clear, p