Civil law case digests

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Civil law case digests

Petitioner Solidbank is a domestic banking corporation organized and existing under Philippine laws. In MarchL. Diaz opened a savings account with Solidbank.

On 14 AugustL.

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Diaz through its cashier, Mercedes Macaraya, filled up a savings cash deposit slip for P and a savings checks deposit slip for P Macaraya instructed the messenger of L. Diaz, Ismael Calapre, to deposit the money with Solidbank.

Macaraya also gave Calapre the Solidbank passbook.

Civil law case digests

Calapre went to Solidbank and presented to Teller No. The teller acknowledged the receipt of the deposit by returning to Calapre the duplicate copies of the two deposit slips. Diaz with Allied Bank, he left the passbook with Solidbank.

Calapre then went to Allied Bank. When Calapre returned to Solidbank to retrieve the passbook, Teller No. Diaz and reported the incident to Macaraya.

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Macaraya immediately prepared a deposit slip in duplicate copies with a check of P, Macaraya and Calapre went to Solidbank and presented to Teller No. When Macaraya asked for the passbook, Teller No. When Macaraya asked Teller No. Calapre was then standing beside Macaraya. The following day L.

Diaz learned of the unauthorized withdrawal the day before 14 August of P, from its savings account. The withdrawal slip for the P, bore the signatures of the authorized signatories of L.

Diaz, namely Diaz and Rustico L. The signatories, however, denied signing the withdrawal slip. A certain Noel Tamayo received the P, Diaz demanded from Solidbank the return of its money.

The trial court absolved Solidbank. Diaz appealed to the CA. CA reversed the ecision of the trial court. CA denied the motion for reconsideration of Solidbank.

WON petitioner Solidbank is liable. Solidbank is liable for breach of contract due to negligence, or culpa contractual. The contract between the bank and its depositor is governed by the provisions of the Civil Code on simple loan.

The bank is the debtor and the depositor is the creditor. The depositor lends the bank money and the bank agrees to pay the depositor on demand. The savings deposit agreement between the bank and the depositor is the contract that determines the rights and obligations of the parties. The law imposes on banks high standards in view of the fiduciary nature of banking.

The bank is under obligation to treat the accounts of its depositors with meticulous care, always having in mind the fiduciary nature of their relationship. The fiduciary nature of banking requires banks to assume a degree of diligence higher than that of a good father of a family. Article of the Civil Code states that the degree of diligence required of an obligor is that prescribed by law or contract, and absent such stipulation then the diligence of a good father of a family.CIVIL LAW CASE DIGESTS EVELYN V.

RUIZ VS. BERNARDO F. DIMAILIG G.R. No. , November 9, DOCTRINE: To be a mortgagee in good faith, the innocent purchaser for value must show that he/she purchased a property in good faith relying on the face of the title believing that the title. Case Digests.

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