MANILA LIGHTER TRANS V.

CA

182 SCRA 251

FACTS:

Perez was able to collect the checks payable to petitioner. The petitioner wasn't
able however to receive the checks. Instead, the payee’s signatures therein were
forged and was able to land in the hands of third persons who deposited the same
to their account in China bank. Petitioner sued Chinabank for the sum of
money. The trial court held that there was equal negligence on the part of
petitioner and bank but the appellate court held that the bank had no liability
whatsoever.

HELD:

Since the petitioner had no account with the bank and wasn't a client
thereof, the latter had no way of ascertaining the authenticities of its
indorsements on the checks which were deposited in the accounts of the
third party defendants in said bank. Respondent bank wasn't negligent
because, in accordance with banking practice, it caused the checks to pass through
the clearing house before it ed their proceeds to be withdrawn by the
depositors.