Go v. Metropolitan Bank

NACHURA, J.:

Before the Court is a petition for review on certiorari under Rule 45 of the Rules of Court, assailing the Decision1 dated May 27, 2005 and the Resolution2 dated August 31, 2005 of the Court of Appeals (CA) in CA-G.R. CV No. 63469. The Facts The facts of the case are as follows: Petitioner filed two separate cases before the Regional Trial Court (RTC) of Cebu. Civil Case No. CEB-9713 was filed by petitioner against Ma.

Teresa Chua (Chua) and Glyndah Tabañag (Tabañag) for a sum of money with preliminary attachment. Civil Case No. CEB-9866 was filed by petitioner for a sum of money with damages against herein respondent Metropolitan Bank and Trust Company (Metrobank) and Chua.3 In both cases, petitioner alleged that he was doing business under the name "Hope Pharmacy" which sells medicine and other pharmaceutical products in the City of Cebu.

Petitioner had in his employ Chua as his pharmacist and trustee or caretaker of the business; Tabañag, on the other hand, took care of the receipts and invoices and assisted Chua in making deposits for petitioner's accounts in the business operations of Hope Pharmacy.4 In CEB-9713, petitioner claimed that there were unauthorized deposits and encashments made by Chua and Tabañag in the total amount of One Hundred Nine Thousand Four Hundred Thirty-three Pesos and Thirty Centavos (₱109,433.30). He questioned particularly the following: (1) FEBTC Check No. 251111 dated April 29, 1990 in the amount of ₱22,635.00 which was issued by plaintiff's [petitioner's] customer Loy Libron in payment of the stocks purchased was deposited under Metrobank Savings Account No. 420-920-6 belonging to the defendant Ma. Teresa Chua; (2) RCBC Checks Nos. 330958 and 294515, which were in blank but pre-signed by him (plaintiff [petitioner] Vicente Go) for convenience and intended for payment to plaintiff's [petitioner's] suppliers, were filled up and dated September 22, 1990 and September 7, 1990 in the amount of ₱30,000.00 and ₱50,000.00 respectively, and were deposited with defendant Chua's aforestated account with Metrobank; (3) PBC Check No. 005874, drawn by Elizabeth Enriquez payable to the Hope Pharmacy in the amount of ₱6,798.30 was encashed by the defendant Glyndah Tabañag; (4) There were unauthorized deposits and encashments in the total sum of ₱109,433.30;5 In CEB-9866, petitioner averred that there were thirty-two (32) checks with Hope Pharmacy as payee, for varying sums, amounting to One Million Four Hundred Ninety-Two Thousand Five Hundred Ninety-Five Pesos and Six Centavos (₱1,492,595.06), that were not endorsed by him but were deposited under the personal account of Chua with respondent bank,6 and these are the following: CHECK NO.

DATE AMOUNT FEBTC 251166 5-23-90 ₱ 65,214.88 FEBTC 239399 5-08-90 24,917.75 FEBTC 251350 7-24-90 212,326.56 PBC 279887 6-27-90 2,000.00 PBC 162387 1-24-90 6,300.00 PBC 162317 12-22-89 3,300.00 PBC 279881 6-23-90 7,650.00 PBC 009005 7-21-89 3,584.00 PBC 279771 5-14-90 3,600.00 PBC 279726 4-25-90 2,000.00 PBC 168004 3-22-90 2,800.00 PBC 167963 3-07-90 1,700.00 FEBTC 267793 8-20-90 80,085.66 FEBTC 267761 7-21-90 45,304.63 FEBTC 251252 6-03-90 64,000.00 FEBTC 267798 8-15-90 40,078.67 PBC 367292 8-06-90 2,100.00 PBC 376445 9-26-90 1,125.00 PBC 009056 8-07-89 2,500.00 PBC 376402 9-12-90 12,105.40 BPI 197074 7-17-90 5,240.00 BPI 197051 7-06-90 1,350.00 BPI 204358 9-19-90 5,402.60 BPI 204252 7-31-90 6,715.60 FEBTC 251171 6-27-90 83,175.54 FEBTC 251165 6-28-90 231,936.10 FEBTC 251251 6-30-90 47,087.25 FEBTC 251163 6-21-90 170,600.85 FEBTC 251170 5-23-90 16,440.00 FEBTC 251112 5-31-90 211,592.69 FEBTC 239400 6-15-90 47,664.03 FEBTC 251162 6-22-90 82,697.85