Art.

1172 Negligence

G.R. No. 157845 September 20, 2005

Philippine National Bank

Vs

Norman Pike

Chico-Nazario,J.

Facts:

Pike, gay entertainer, opened a dollar account at PNB Buendia branch for which
he was issued a passbook. Before leaving for abroad, Pike verbally authorized AVP of
PNB Buendia branch, Lorenzo Bal, to honor all withdrawal that will be made by
Davasol, talent manager, who will be presenting a pre-signed withdrawal slip bearing
Pike’s signature. Subsequently, the passbook was stolen in his house by his talent
manager Joy Davasol who made 2 unauthorized withdrawals. After knowing the
incident, Pike demanded the total withdrawn amount on the ground that he never
authorized anyone to withdraw from his account and signatures presented on
withdrawal slips was forgeries. Pike through his counsel, demanded the bank to credit
back the amount of unauthorized withdrawal on the ground that signatures was forged.
Pike in a letter to PNB prayed to lift the hold order that her sister made and allow her to
withdraw the remaining balance of the account provided that he will not hold PNB
responsible for the unauthorized withdrawal which was then approved by PNB on the
same date. On the other hand, PNB contends that they exercised due diligence of a
good father of a family in handling the transactions and cannot grant the request of pike
for refund. Plaintiff’s counsel denied that petitioner made a promise not to hold PNB
responsible for unauthorized withdrawal which was answered by PNB stating that the
withdrawal of remaining balance barred the claim of petitioner for unauthorized
withdrawals.

Issues:

WON PNB is negligent in accommodating the pre-signed deposit slip presented by

Davasol.

Ruling:

Yes. Ordinarily, banks allow withdrawal by representative provided that said

representative was authorized and the signature of the principal is secured on the space
for such transaction. The signature of Pike was misplaced and still it wasn’t corrected by
Bal. PNB approved the withdrawal slip presented by Davasol without taking any
precautions regarding its authenticity. The admitted withdrawal slips do not constitute
the normal procedure with respect to withdrawals of representatives. PNB alleged that
they observed diligence of a good father of a family but according to the jurisprudence,
the bank is obliged to treat the account of depositors with meticulous care always
having in mind its fiduciary nature which then makes the degree of diligence more than
ordinary diligence. Article 1172 of the NCC provides the degree of diligence required by
law to an obligor and a diligence below that will make the obligor negligent.

Hence, the petition is DENIED. PNB is ordered to refund PIKE $7,500 plus interest 6%
per annum to be computed from the date of the filing of the complaint which interest rate
shall become 12% per annum from the time the judgement in this case becomes final
and executory until its satisfaction, moral and exemplary damages P 20,000 each, Atty.
Fees P 20,000 and P 10,000 representing expenses of litigation.