PNB V. CA - Acceptance of Checks

25 SCRA 693

FACTS:

Lim  deposited  in  his  PCIB  account  a  GSIS  check  drawn  against  PNB. Following  standard  banking  procedures,  the  check  was  sent  to  petitioner for clearing.  He didn’t return said check but paid the amount to PCIB as well as debited it against the account of GSIS.  Thereafter, a demand was received  from  GSIS  asking  for  the  credit  of  the  amount  since  the signatures found in the check were forged.  This was done by PNB and it now comes after PCIB but the latter wouldn’t want to return the money.

HELD:

Acceptance  is  not  required  for  checks,  for  the  same  are  payable  on demand.  Acceptance and payment are distinguished with each other.  The former pertains to a promise to perform an act while the latter is the actual performance of the act.

PNB had also been negligent with the particularity that it had been guilty of a greater degree of negligence because it had a previous and formal notice from GSIS that the check had been lost, with the request that payment be stopped.  Just as important is  that it is its acts, which are the proximate cause of the loss.