Citytrust
banking Corp., vs. Intermediate Appellate Court
GR
No. 84281 May 27, 1994
Vitug, J:
Facts:
Emme Herrero, businesswoman, made
regular deposits with Citytrust Banking Corp. at its Burgoa branch in Calamba,
Laguna. She deposited the amount of P31, 500 in order to amply cover 6 postdated
checks she issued. All checks were dishonored due to insufficiency of funds
upon the presentment for encashment. Citytrust banking Corp. asserted that it
was due to Herrero’s fault that her checks were dishonored, for he
inaccurately wrote his account number in the deposit slip. RTC dismissed the
complaint for lack of merit. CA reversed the decision of RTC.
Issue:
Whether or not Citytrust banking
Corp. has the duty to honor checks
issued by Emme Herrero despite the failure to accurately stating the account
number resulting to insufficiency of funds for the check.
Held:
Yes, even it is true that there was
error on the account number stated in the deposit slip, its is, however,
indicated the name of “Emme Herrero.” This is controlling in determining in
whose account the deposit is made or should be posted. This is so because it is
not likely to commit an error in one’s name than merely relying on numbers
which are difficult to remember. Numbers are for the convenience of the bank
but was never intended to disregard the real name of its depositors. The bank
is engaged in business impressed with public trust, and it is its duty to protect
in return its clients and depositors who transact business with it. It should
not be a matter of the bank alone receiving deposits, lending out money and
collecting interests. It is also its obligation to see to it that all funds
invested with it are properly accounted for and duly posted in its ledgers.
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