PEOPLE Vs PUIG

PEOPLE VS PUIG
G.R. Nos. 173654-765 August 28, 2008
PRINCIPLE:
Depositors who place their money with the bank are considered creditors of the
bank. The bank acquires ownership of the money deposited by its clients, making
the money taken by respondents as belonging to the bank.
The relationship between banks and depositors has been held to be that of cred-
itor and debtor. Articles 1953 and 1980 of the New Civil Code, as appropriately
pointed out by petitioner, provide as follows:
Article 1953. A person who receives a loan of money or any other fungible
thing acquires the ownership thereof, and is bound to pay to the creditor an equal
amount of the same kind and quality.
Article 1980. Fixed savings and current deposits of money in banks and simi-
lar institutions are giverned by the provisions of simple loans
In summary, the Bank acquires ownership of the money deposited by its clients;
and the employees of the Bank, who are entrusted with the possession of money
of the Bank due to the confidence reposed in them, occupy positions of confi-
dence. The Informations, therefore, sufficiently allege all the essential elements
constituting the crime of Qualified Theft.
FACTS:
Iloilo prosecutors office filed in the RTC of Iloilo 112 cases of Qualified
theft against Puig and Porras who are both cashier and bookkeeper (re-
spectively) of Rural Bank Of Pototan
thereafter, the trial court dismissed the complaint as they did not find the
existence of probable cause based on the ff:
The element of "TAKING WIHTOUT THE CONSENT OF THE OWNERS" was
missing on the reason that it is the DEPOSITOR-CLIENTS and not the
bank (who are the owners of the money allegedly taken therefore) are
the REAL PARTIES IN INTEREST
Also, the information lacks the phrase that alleges the dependence and
guardianship between the parties that would have established a high
degree of confidence between them which the respondent would have
abused
Peititioner cites 2 provisions
Art 1980
fixed savings and current deposits of money in banks and similar insti-
tutions are giverned by the provisions of simple loans
Art 1953
Person who receives money or any other fungible thing acquires own-
ership thereof and is BOUND to pay the creditor an equal amount of
the same kind and quality
Petitioner alleges:
The bank acquires ownership of the money deposited by its clients,
making the money taken by respondents as belonging to the bank
ISSUE:
Whether a contract of loan governs the despoits received by the bank
from its clients making it the right party to institute the case against the
defendants
Ruling:
Court finds merit in the petition
Court held that

Tellers, cashiers, bookkeepers, and other employees of a bank who
come into the possession of the monies deposited therein enjoy the
confidence reposed of them by their employer
Banks where money is deposited are considered OWNERS thereof
The relationship between banks and depositors has been held to be that
of creditor and debtor
In cases involving QUALIFIED THEFT
This court has established the nature of POSSESSION by the bank of the
money deposits and the duties performed by its employees (who have
custody of the money)
Court has considered allegations in the info that such employees acted
with grave abuse of confidence to the damage and prejudice of the bank
(wihout referring to bank as the owner of the money deposits) as suffi-
cient to make out a case of qualified theft
In this case, there is no reason to doubt that the information is true: they
acted with grave abuse of confidence
because the crime was committed with the INTENT to gain and without
the knowledge and consent of the bank and wihtout stating the phrase
"of a relation by reason of dependence, guardianship, vigilance that has
created a high degree of confidence between them which respondents
abused" and without stating the word "employer" in lieu of BANK
TO SUMMARIZE:
The bank acquires ownership of the money deposited by its clients
Banks where money is deposited are considered OWNERS thereof
The relationship between banks and depositors has been held to be
that of creditor and debtor
Employees of the bank (who are entrusted with possession of the mon-
ey due to confidence bestwoed) occupy positions of confidence
All of the information alleged constitute the crime of qalified theft
This court has established the nature of POSSESSION by the bank of
the money deposits and the duties performed by its employees (who
have custody of the money)

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PEOPLE VS PUIG

G.R. Nos. 173654-765 August 28, 2008

Court finds merit in the petition

Court held that

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