158 SCRA 582



While Gozon was in the bank with Santos left in the car, the latter stole a check and forged the signature of the former.  He was able to encash the check.  He was later apprehended by the police authorities and he admitted to stealing the check.  The court decided in favor of Gozon.  The bank now posed the issue on whether Gozon’s act of leaving his checkbook in the car the proximate cause of the loss.


Where the private respondent’s check was removed and stolen without his knowledge and consent, he cannot be considered negligent in this case.