To understand better the facts, here are the parties in
the case and their roles. Mariano Pulido is the person named in the check as the payee Manuel Go is the first indorsee when Pulido indorsed the check to him Augusto Lim is the second and last indorsee GSIS is the drawer PNB is the drawee PCIB is the last indorser in behalf of Lim HERE ARE THE FACTS OF THE CASE: Pulido indorsed the check to Go Who then subsequently indorsed it to Lim Lim deposited the check to his account in PCIB PCIB then stamped All prior indorsements and/or Lack of Endorsement Guaranteed, PCIB at the back of the check And then, cleared it with the Central Bank and then FORWARDED it to PNB PNB, however, did not return the check but paid the amount indicated in the check However, PNB Re-credited the amount back to GSIS upon the latters demand by virtue of the fact that their officers signatures were FORGED. In fact, they informed PNB that the said check was lost two months ago and requested that the payment be stopped. PNB then demanded refund From PCIB but The latter refused to do so. Hence this petition. So the issues of the case are: One: WON the indorsements at the back of the check are forged Two: WON PCIB is liable to PNB by virtue of the formers warranty on the back of the check Three: WON PNB accepted the check in the legal sense
And lastly, WON PCIB was negligent and thus liable to
PNB for damages For the first issue which is WON the indorsements at the back of the check are forged, PNB PNB argues that, since the signatures of the drawer are forged, so must the signatures of the supposed indorsers. However, the Court ruled that PNB did not try to prove that PCIBs indorsement was spurious. They merely argued that GSIS officers signatures were forged. PNB refunded the amount of the check to the GSIS, on account of the forgery in the signatures, not of the indorsers or supposed indorsers, but of the officers of the GSIS as drawer of the instrument. In other words, the question whether or not the indorsements have been falsified is immaterial to the PNB's liability as a drawee, or to its right to recover from the PCIB, for, as against the drawee, the indorsement of an intermediate bank does not guarantee the signature of the drawer, since the forgery of the indorsement is not the cause of the loss. For the second issue which is WON PCIB is liable to PNB by virtue of the formers warranty on the back of the check, the Court held that PCIB is not liable since what PCIB guaranteed are the prior indorsements and not the authenticity of the signatures of GSIS because GSIS is the drawer not an indorser of the check. If ever PCIB was indeed liable, it would be to a subsequent indorser or subsequent holder in due course so PNB cannot go against PCIB for this ground since hes a drawee. For the third issue which is WON PNB accepted the check in the legal sense, the Supreme Court considered PNBs payment as an implication that he accepted the check since by paying the bill, he not only accepted or assented to the obligation to pay but he also complied with the said obligation.
For the last issue which is WON PCIB was negligent
and thus liable to PNB for damages, It was actually PNB who was negligent for two reasons: one, GSIS already told them two months ago that the check was lost and requested that the payment be stopped, and two, not only did they not followed the request of GSIS, they also did not return the check when it was forwarded to them by PCIB which indicates that found nothing wrong with check and that they would honor it. So assuming that PCIB was indeed negligent by guaranteeing the prior indorsements, PNB is guilty of of a greater degree of negligence. How is the case related to section 62 of the NIL? Section 62 of the NIL states that The case of PNB vs CA taught us that ^same rule applies in the case a drawee who PAYS THE BILL WITHOUT having previously accepted it. Thus, there is already an implied acceptance of the instrument and its corresponding liabilities if the drawee pays the bill.