Allied Banking Corp. vs.

Sio Wan
AUTHOR: DAYOS
G.R. No. 133179
NOTES: Pinagmukha nila na yung Allied check na
TOPIC: The defendants (Persona who may be sued for dineposit sa Metrobank account ni FCC ay proceeds ng
tort)
money market placement.
PONENTE:
FACTS:
Filipinas Cement Corp (FCC) deposited 2M a money market placement with Producers bank, Santos being the
assigned account holder.
Lim Sio Wan deposited a money market placement to Allied Banking Corp valued at Php 1,152,597 for a term of
31 days.
Few weeks later, a purported Lim Sio Wan called Cristina So (Allied Officer) to pre-terminate the MMP, instead
issue a managers check and hand it over to Deborah Santos Lim Sio Wan described Santos appearance through
phone.
Santos later on arrived at the branch and upon signing the application form, Allied issued a managers check.
The check was deposited in the account of FCC with Metrobank forged signature of Lim.
When the FCC placement matured, they demanded the proceeds.
On the same date So received the call, managers check was deposited in the account of FCC, purporting to be the
proceeds of FCCs money market placement with Producers.
Upon the maturity, Lim Sio Wan demanded the proceeds of his money market placement.
Allied advised him that it was already pre-terminated.
He filed a complaint with the RTC to recover the proceeds of the money.
RTC: in favor of Lim - Allied must pay!
CA: Modified. Absolved Producers bank from liability
Allied argued that Producers bank must be liable for the negligence of its employee Santos for her negligence
under Art. 2180
ISSUE(S):
Whether the court erred in absolving the producers bank from liability
HELD: YES
RATIO:
Art. 2180 pertains to the vicarious liability of an employer for quasi-delicts that an employee has committed. Such
provision of law does not apply to civil liability arising from delict.
One also cannot apply the principle of subsidiary liability in Art. 103 of the Revised Penal Code in the instant case. Such
liability on the part of the employer for the civil aspect of the criminal act of the employee is based on the conviction of the
employee for a crime. Here, there has been no conviction for any crime.
However, unjust enrichment on the part of Producers Bank. Producers Bank was unjustly enriched at the expense of Lim
Sio Wan. Based on the facts and circumstances of the case, Producers Bank should reimburse Allied and Metrobank for the
amounts the two latter banks are ordered to pay Lim Sio Wan.
CASE LAW/ DOCTRINE:
DISSENTING/CONCURRING OPINION(S):