The Supreme Court (SC) denied the petition for certiorari filed by Banco de Oro Universal Bank, Inc. (BDO), Vivian Duldulao, and Christine T. Nakanishi.
The petition assailed the rulings of the Court of Appeals (CA) and a regional trial court (RTC), which found BDO, Duldulao and Nakaniship liable to bank depositor Liza A. Seastres.
In its 19-page decision, the SC’s Third Division affirmed the RTC’s factual findings that BDO totally failed to comply with its duty to exercise extraordinary diligence in taking care of Seastres’ bank accounts.
The high court reiterated the doctrine established in jurisprudence that as a business affected with public interest and because of the nature of its functions, banks are under obligation to treat the accounts of their depositors with meticulous care, always having in mind the fiduciary nature of their relationship.
In 2012, Seastres sued BDO for collection of sum of money after discovering that unauthorized transactions in the total amount of P8,121,939.59 made by Anabelle Benaje, Chief Operating Officer (CEO) of Seastres’ business, Las Management and General Services, Inc., were allowed by the bank.
The RTC ruled that BDO, through its employees, failed to fulfill its obligation to treat the accounts of its customers, particularly Seastres, with meticulous care and extraordinary diligence.
BDO, together with Nakanishi, BDO People Support Branch head, and Duldulao, BDO Rufino Branch head, were thus ordered to pay Seastres over P8 million in actual and moral damages, attorney’s fees, and costs of suit.
The court also ordered Benaje to indemnify and pay BDO, Nakanishi, and Duldulao.
The CA affirmed the RTC’s findings that BDO, et al. failed to exercise the degree of diligence required of banking institutions.
However, the CA also found Seastres guilty of contributory negligence, and hence was made to shoulder 40% of the actual damages, with the remaining 60% to be paid by BDO, et al.IMT
