ANNA MARIE L. GUMABON, v. PHILIPPINE NATIONAL BANK
G.R. No. 202514, July
25, 2016
Facts:
The
case stemmed from the PNB's refusal to release Anna Marie's money in a
consolidated savings account and in two foreign exchange time deposits,
evidenced by Foreign Exchange
Certificates of Time Deposit (FXCTD).
Anna
Marie decided to consolidate the eight (8) savings accounts and to withdraw
P-2,727,235.85 from the consolidated savings account to help her sister's
financial needs. After withdrawals, the
balance of her consolidated savings account was P250,741.82.
On
July 30, 2003, the PNB sent letters to Anna Marie to inform her that the PNB
refused to honor its obligation under FXCTD Nos. 993902 and 993992, and that
the PNB withheld the release of the balance of P-250,741.82 in the consolidated
savings account. According to the PNB, Anna Marie pre-terminated, withdrew
and/or debited sums against her deposits. On August 12, 2004, Anna Marie filed
a complaint for recovery of sum of money and damages before the RTC against the
Philippine National Bank (PNB) and the PNB Delta branch manager Silverio
Fernandez
Issue:
Whether
or not PNB is liable to the time deposit and the remaining bank deposit of Anna
Marie
Ruling:
Yes,
PNB failed to establish the fact of payment to Anna Marie in FXCTD Nos.
993902 and 993992, and SA No. 6121200.
It is a settled rule in evidence that the one who alleges payment has the burden
of proving it.
The PNB alleged that it had already
paid the balance of the consolidated savings account (SA No. 6121200) amounting
to P-250,741.82. It presented the manager's check to prove that Anna Marie
purchased the check using the amounts covered by the Gumabon's two savings
accounts which were later part of Anna Marie's consolidated savings account.
The PNB also presented the miscellaneous ticket to prove Anna Marie's
withdrawal from the savings accounts.
