PBC vs.

CA, 296 SCRA 711

FACTS:
Rommels Marketing Corporation (RMC) maintained two separate current accounts with PBC in
connection with its business of selling appliances. The RMC General Manager Lipana entrusted to his
secretary, Irene Yabut, RMC funds amounting to P300,000+ for the purpose of depositing the same to
RMCs account with PBC. However, it turned out that Yabut deposited the amounts in her husbands
account instead of RMC. Lipana never checked his monthly statement of accounts regularly furnished by
PBC so that Yabuts modus operandi went on for the span of more than one year.
ISSUE:
o

What is the proximate cause of the loss Lipanas negligence in not checking his monthly
statements or the banks negligence through its teller in validating the deposit slips?
HELD:
The bank teller was negligent in validating, officially stamping and signing all the deposit slips prepared
and presented by Yabut, despite the glaring fact that the duplicate copy was not completely accomplished
contrary to the self-imposed procedure of the bank with respect to the proper validation of deposit slips,
original or duplicate.
The bank tellers negligence, as well as the negligence of the bank in the selection and supervision of its
bank teller, is the proximate cause of the loss suffered by the private respondent, not the latters
entrusting cash to a dishonest employee. Xxx Even if Yabut had the fraudulent intention to misappropriate
the funds, she would not have been able to deposit those funds in her husbands current account, and
then make plaintiff believe that it was in the latters accounts wherein she had deposited them, had it not
been for the bank tellers aforesaid gross and reckless negligence.
Allied Banking Corp. vs CA