G.R. No.

L- 66826 August 19, 1988 The above arrangement is that contract defined under Article 1962, New
Civil Code, which reads:
BPI (Petitioners) v. IAC & Zshornack (Respondents)
Art. 1962. A deposit is constituted from the moment a person receives a
FACTS: Rizaldy Zshornack and Shirley Gorospe (his wife), maintained a thing belonging to another, with the obligation of safely keeping it and of
dollar and peso savings account with COMTRUST. returning the same. If the safekeeping of the thing delivered is not the
On October 27, 1975, an application for a dollar draft was accomplished principal purpose of the contract, there is no deposit but some other
by Virgilio V. Garcia, Assistant Branch Manager of COMTRUST Quezon contract.
City, payable to a certain Leovigilda D. Dizon in the amount of $1,000.00.
In the application, Garcia indicated that the amount was to be charged to
Dollar Savings Acct. No. 25-4109, the savings account of the Zshornacks;
the charges for commission, documentary stamp tax and others totalling
P17.46 were to be charged to Current Acct. No. 210465-29, again, the
current account of the Zshornacks. There was no indication of the name
of the purchaser of the dollar draft.

In an application by Garcia it was indicated that the amount was going to

be charged in the dollar saving account of Respondent. The name of the
purchaser was not stated in the dollar draft.

COMTRUST issued a check to payable to Dizon, and when Respondent

noticed the withdrawal he wanted explanations from the bank. In the
bank’s answer they said that the peso value of the withdrawal was given
to Atty, Ernesto Zshornack, brother of Respondent. When checks where
encashed it was payable to Ernesto.

ISSUE: Whether there was a contract of deposit between BPI and

Rizaldy.

HELD: YES. The document which embodies the contract states that the
US$3,000.00 was received by the bank for safekeeping. The subsequent
acts of the parties also show that the intent of the parties was really for
the bank to safely keep the dollars and to return it to Zshornack at a later
time. Thus, Zshornack demanded the return of the money on May 10,
1976, or over five months later.