Province of Tarlac

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Province of Tarlac vs. PNB

Statement of the Case:
Where thirty checks bearing forged endorsements are paid, who bears the loss, the drawer, the drawee
bank or the collecting bank?
This is the main issue in these consolidated petitions for review assailing the decision of the Court of
Appeals in "Province of Tarlac v. Philippine National Bank v. Associated Bank v. Fausto Pangilinan, et.
al." (CA-G.R. No. CV No. 17962).
Facts of the Case:
The Province of Tarlac maintains a current account with the Philippine National Bank (PNB)
Tarlac Branch where the provincial funds are deposited. Checks issued by the Province are signed by the
Provincial Treasurer and countersigned by the Provincial Auditor or the Secretary of the Sangguniang
Bayan.
A portion of the funds of the province is allocated to the Concepcion Emergency Hospital. The
allotment checks for said government hospital are drawn to the order of "Concepcion Emergency
Hospital, Concepcion, Tarlac" or "The Chief, Concepcion Emergency Hospital, Concepcion, Tarlac." The
checks are released by the Office of the Provincial Treasurer and received for the hospital by its
administrative officer and cashier. The Provincial Auditor discovered that the hospital did not receive
several allotments when he post-audited the books of account of the Provincial Treasurer.
The Provincial Treasurer asked the PNB manager to return all of its cleared checks in order to
verify the regularity of the encashment and found out that 30 checks amounting to P203,300.00 were
encashed by one Faustino Pangilinan, the administrative officer and the cashier of the payee hospital,
with the Associated Bank acting as collecting bank.
Faustino Pangilinan forged the signature of Dr. Adena Canlas who was the Chief of the said
hospital and endorsed 30 checks amounting to P203,300 to himself. The money was drawn from the
account of the Province of Tarlac with PNB. Pangilinan deposited the checks to his personal savings
account with Associated Bank which was cleared and paid for by PNB. The checks have a stamp of
Associated Bank which reads All prior endorsements guaranteed by Associated Bank.
The Province of Tarlac, through the Provincial Treasurer, wrote PNB to restore the various
amounts debited from the current account of the Province. PNB on its part demanded reimbursement from
Associated Bank. Both banks resisted payment which led to the Province of Tarlac suing PNB. PNB in
turn impleaded Associated Bank in the suit as a third-party defendant while Associated Bank impleaded
Canlas and Pangilinan as fourth-party defendants.
RTC:
Sheryl Guerrero
Melissa Alvarez
Sheena Guarin
On the basic complaint, it ruled in favor of Province of Tarlac against PNB ordering the latter to pay the
former Php 203,300 with legal interest until fully paid.
On the third party-complaint, in favor of PNB against Associated Bank ordering the latter to reimburse
to the former amount of Ph 203,300.
Fourth-party complaint, dismissed for lack of cause of action against Adena Canlas and lack of
jurisdiction over the person of Fausto Pangilinan.
CA affirmed the trial courts decision in toto.
Statement of Issue:
Who should bear the loss arising from the forgery, the Province of Tarlac, PNB, Associated Bank or
Pangilinan?
Contention of Parties
PNB contends that Province of Tarlac was negligent because it delivered and released the questioned
checks to Fausto Pangilinan who was then already retired as the hospital's cashier and administrative
officer. PNB also maintains its innocence and alleges that as between two innocent persons, the one
whose act was the cause of the loss, in this case the Province of Tarlac, bears the loss.
On the other hand, Associated Bank contends that PNB, the drawee bank, is estopped from asserting
the defense of guarantee of prior indorsements against Associated Bank, the collecting bank. In
stamping the guarantee (for all prior indorsements), it merely followed a mandatory requirement for
clearing and had no choice but to place the stamp of guarantee; otherwise, there would be no clearing.
The bank will be in a "no-win" situation and will always bear the loss as against the drawee bank. Hence,
the loss should be solely shouldered by PNB.
Associated Bank also claims that since PNB already cleared and paid the value of the forged checks in
question, it is now estopped from asserting the defense that Associated Bank guaranteed prior
indorsements. The drawee bank allegedly has the primary duty to verify the genuineness of payee's
indorsement before paying the check.
Held:
The case at bench concerns checks payable to the order of Concepcion Emergency Hospital or its Chief.
They were properly issued and bear the genuine signatures of the drawer, the Province of Tarlac. The
infirmity in the questioned checks lies in the payee's (Concepcion Emergency Hospital) indorsements
which are forgeries. At the time of their indorsement, the checks were order instruments.
Liability of Associated Bank
Sheryl Guerrero
Melissa Alvarez
Sheena Guarin
Where the instrument is payable to order at the time of the forgery, such as the checks in this case, the
signature of its rightful holder (here, the payee hospital) is essential to transfer title to the same
instrument. When the holders indorsement is forged, all parties prior to the forgery may raise the real
defense of forgery against all parties subsequent thereto
A collecting bank (in this case Associated Bank) where a check is deposited and which indorses the check
upon presentment with the drawee bank (PNB), is such an indorser. So even if the indorsement on the
check deposited by the bankss client is forged, Associated Bank is bound by its warranties as an indorser
and cannot set up the defense of forgery as against the PNB.
EXCEPTION: If it can be shown that the drawee bank (PNB) unreasonably delayed in notifying the
collecting bank (Associated Bank) of the fact of the forgery so much so that the latter can no longer
collect reimbursement from the depositor-forger.
More importantly, by reason of the statutory warranty of a general indorser in section 66 of the
Negotiable Instruments Law, a collecting bank which indorses a check bearing a forged indorsement and
presents it to the drawee bank guarantees all prior indorsements, including the forged indorsement. It
warrants that the instrument is genuine, and that it is valid and subsisting at the time of his
indorsement. Because the indorsement is a forgery, the collecting bank commits a breach of this
warranty and will be accountable to the drawee bank. This liability scheme operates without regard to
fault on the part of the collecting/presenting bank. Even if the latter bank was not negligent, it would
still be liable to the drawee bank because of its indorsement.
Liability of PNB
The bank on which a check is drawn, known as the drawee bank (PNB), is under strict liability to pay the
check to the order of the payee (Provincial Government of Tarlac). Payment under a forged indorsement
is not to the drawers order. When the drawee bank pays a person other than the payee, it does not
comply with the terms of the check and violates its duty to charge its customers (the drawer) account
only for properly payable items. Since the drawee bank did not pay a holder or other person entitled to
receive payment, it has no right to reimbursement from the drawer. The general rule then is that the
drawee bank may not debit the drawers account and is not entitled to indemnification from the drawer.
The risk of loss must perforce fall on the drawee bank
EXCEPTION: If the drawee bank (PNB) can prove a failure by the customer/drawer (Tarlac Province) to
exercise ordinary care that substantially contributed to the making of the forged signature, the drawer is
precluded from asserting the forgery.
Liability of Province of Tarlac
After careful examination of the records, the Court finds that the Province of Tarlac was equally
negligent and should, therefore, share the burden of loss from the checks bearing a forged indorsement.
The Province of Tarlac permitted Fausto Pangilinan to collect the checks when the latter, having already
retired from government service, was no longer connected with the hospital. With the exception of the
Sheryl Guerrero
Melissa Alvarez
Sheena Guarin
first check (dated January 17, 1978), all the checks were issued and released after Pangilinan's
retirement on February 28, 1978. After nearly three years, the Treasurer's office was still releasing the
checks to the retired cashier. In addition, some of the aid allotment checks were released to Pangilinan
and the others to Elizabeth Juco, the new cashier. The failure of the Province of Tarlac to exercise due
care contributed to a significant degree to the loss tantamount to negligence. Hence, the Province of
Tarlac should be liable for part of the total amount paid on the questioned checks.
In sum, by reason of Associated Banks indorsement and warranties of prior indorsements as a party
after the forgery, it is liable to refund the amount to PNB. The Province of Tarlac can ask reimbursement
from PNB because the Province is a party prior to the forgery. Hence, the instrument is inoperative.
HOWEVER, it has been proven that the Provincial Government of Tarlac has been negligent in issuing the
checks especially when it continued to deliver the checks to Pangilinan even when he already retired.
Due to this contributory negligence, PNB is only ordered to pay 50% of the amount or half of P203 K.
BUT THEN AGAIN, since PNB can pass its loss to Associated Bank (by reason of Associated Banks
warranties), PNB can ask the 50% reimbursement from Associated Bank. Associated Bank can ask
reimbursement from Pangilinan but unfortunately in this case, the court did not acquire jurisdiction over
him.
Sheryl Guerrero
Melissa Alvarez
Sheena Guarin

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Province of Tarlac vs. PNB

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