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Gempesaw vs. CA and PBC

The document discusses a case where a petitioner's bookkeeper forged her signature on 82 checks over 2 years, which were deposited in other accounts at the petitioner's bank. The court ruled that while the bank was negligent for accepting second endorsements from a non-manager, the petitioner was also negligent for not verifying check amounts or examining her bank statements carefully. Therefore, the loss from the forged checks would be shared equally between the petitioner and the bank.

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Maria Qibtiya
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105 views2 pages

Gempesaw vs. CA and PBC

The document discusses a case where a petitioner's bookkeeper forged her signature on 82 checks over 2 years, which were deposited in other accounts at the petitioner's bank. The court ruled that while the bank was negligent for accepting second endorsements from a non-manager, the petitioner was also negligent for not verifying check amounts or examining her bank statements carefully. Therefore, the loss from the forged checks would be shared equally between the petitioner and the bank.

Uploaded by

Maria Qibtiya
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Gempesaw vs.

CA and PBC
G.R. No. 92244

Facts:

Petitioner Gempesaw owns and operates four grocery stores. To facilitate payment of
debts to her suppliers, petitioner draws checks against her checking account with PBC.
Petitioner has a trusted bookkeeper who prepares the checks and presents it to her for
signature along with the corresponding invoice which indicates her correct obligations to
her suppliers.

Within a period of 2 years, petitioner has issued 82 checks in favor of several suppliers.
Most of these checks were for amounts in excess of her actual obligations to the various
suppliers as shown in their corresponding invoice.

It was found out that these 82 checks bearing the forged signatures of the payees were
brought to Ernest L. Boon, Chief Account of PBC at the Buendia Branch and was
accepted for deposit and to credit in the accounts of two other persons.

Issue:

1. Whether or not petitioner has a right to recover from PBC the amount debited
against her account.

2. Whether or not PBC is guilty of negligence.

Ruling:

1. As a rule, a drawee bank who has paid a check on which an indorsement has
been forged cannot charge the drawer’s account for the amount of said check.
However, an exception to this rule is where the drawer is guilty of such
negligence which causes the bank to honor such a check or checks.

In the present case, petitioner relied implicitly upon the honesty and loyalty of her
bookkeeper and did not bother to verify the accuracy of the amounts of the
checks as compared to the amount in the invoices. Petitioner also failed to
examine her records with reasonable diligence after receiving her bank
statements. It was only after 2 years that petitioner found out about the fraudulent
manipulations of her bookkeeper.
Since it was her negligence which caused PBC to honor the forged checks,
petitioner cannot now complain should the bank refuse to recredit her account
with the amount of such checks.

2. Under the rules of PBC, only a Branch Manager may accept a second
endorsement on a check for deposit. In the case at bar, PBC accepted the
checks upon the mere approval of Boon, a chief accountant. Thus, PBC cannot
claim it exercised such a degree of negligence that is required of it.

PBC is adjudged liable to share the loss with the petitioner on a fifty-fifty ratio.

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