BANKING.docx

Finally the pnb alleged that anna marie was guilty of

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Anna Marie. Finally , the PNB alleged that Anna Marie was guilty of contributory negligence in her bank dealings. In her reply, 20 Anna Marie argued that the best evidence of her withdrawals is the withdrawal slips duly signed by her and the passbooks pertaining to the accounts. PNB, however, failed to show any of the withdrawal slips and/or passbooks, and also failed to present sufficient evidence that she used her accounts' funds. The RTC Ruling The RTC ruled in Anna Marie's favour. 21 chanrobleslaw The RTC held that the PNB had not yet paid the remaining balance of $10,058.01 under FXCTD No. 993902. Anna Marie's SOA, 22 which the PNB relied upon, is a mere photocopy and does not satisfy the best evidence rule. Moreover, there is no indication on the stated amounts in the SOA that the funds have come from FXCTD No. 993902. 23 The PNB failed to obtain the deposition of a PNC Bank officer or present any other evidence to show that the amounts stated in the SOA came from FXCTD No. 993902. The RTC also held that the alleged pre- termination of FXCTD No. 993902 on March 11, 2002, is hard to believe since the certificate shows that the last entry was made on March 24, 2003, with a reflected balance of $10,058.01. On FXCTD No. 993992 , the RTC held that the PNB failed to prove Anna Marie's alleged withdrawals. These alleged withdrawals are not reflected at the back of the certificate. Anna Marie's ledger was also not presented as evidence to show that several withdrawals had been made against FXCTD No. 993992. On the consolidated savings account , the RTC held that the PNB failed to prove that Anna Marie withdrew the balance of P250,741.82. The RTC excluded PNB's evidence, i.e., photocopies of the miscellaneous ticket and manager's check , to prove the alleged withdrawals, since these documents were just photocopies and thus failed to satisfy the best evidence rule. The RTC awarded damages to Anna Marie due to the PNB's mishandling of her account through its employee, Salvoro. The RTC also held that the PNB failed to establish Anna Marie's contributory negligence. In conclusion, the RTC ordered the PNB to pay Anna Marie these amounts: ChanRoblesVirtualawlibrary (1) Actual damages of: ChanRoblesVirtualawlibrary (a) $10,058.01, as the outstanding balance of FXCTD No. 993902; (b) $20,244.42, as the outstanding balance of FXCTD No. 993992;and (c) P-250,741.82, as the outstanding balance of SA No. 6121200; (2) P-100,000.00 as moral damages; (3) P-50,000.00 as exemplary damages; (4) P150,000.00 as attorney's fees; and (5) Costs of suit. From this ruling, the PNB appealed before the CA.
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The CA Ruling The CA reversed the RTC's ruling. 24 chanrobleslaw The CA held that the PNB had paid the actual amounts claimed by Anna Marie in her complaint. The CA noted Anna Marie's suspicious and exclusive dealings with Salvoro and the Gumabons' instruction to Salvoro to make unauthorized and unrecorded withdrawals. Hence, there are no entries of withdrawals reflected in Anna Marie's passbook.
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