Negotiable Instruments

Topics: Cheque, Bank, Central bank Pages: 61 (21002 words) Published: January 11, 2013
The Negotiable Instruments Law
Case Digest

Table of Contents
Associated Bank (Now Westmont Bank) vs. Vicente Henry Tan4
Banco De Oro vs. Equitable Banking Corp.6
BPI Family Bank vs. Edgardo Buenaventura, Myrna Lizardo And Yolanda Tica7
Natividad Gempesaw vs. The Honorable Court of Appeals and Philippine Bank Of Communications11
The Great Eastern Life Insurance Co. vs. Hongkong & Shanghai Banking Corporation and Philippine National Bank12
Jai Alai Corporation of the Philippines vs BPI14
Philippine Commercial International Bank (PCIB) vs Court of Appeals15
Philippine National Bank vs Hon.Romulo S.Quimpo17
Republic of the Phil vs Equitable Banking Corp18
Samsung Construction Philippines vs. Far East bank21
San Carlos Milling Co., Ltd. v. BPI and China Banking Corp.23
Traders Royal Bank vs. Radio Philippines Network Inc.25
Travel-On vs. Court of Appeals28
Tuazon vs Heirs of Bartolome Ramos31
United General Industries, Inc. vs Jose Paler and Jose De La Rama33
Westmont Bank vs Ong34
Republic Bank vs Mauricia T.Ebrada36
Firestone Tire & Rubber Company Of The Philippines vs. Ines Chaves & Co., Ltd., et al.38
Caltex (Philippines), Inc., vs. Court Of Appeals And Security Bank And Trust Company39
Consolidated Plywood Industries, Inc., Henry Wee, and Rodolfo T. Vergara vs. Ifc Leasing and Acceptance Corporation40
Juanita Salas vs. Hon. Court of Appeals and First Finance & Leasing Corporation42
Ramon K. Ilusorio vs. Hon. Court of Appeals, and the Manila Banking Corporation44
Myron C. Papa vs. A.U. Valencia and Co. Inc., Felix Peñarroyo, Sps. Arsenio B. Reyes & Amanda Santos, and Delfin Jao45
Hongkong and Shanghai Banking Corporation Limited vs. Cecilia Diez Catalan47
Ernestina Crisologo-Jose vs. Court of Appeals and Ricardo S. Santos, Jr.49
Far East Realty Investment Inc. vs. The Honorable Court of Appeals, Dy Hian Tat, Siy Chee and Gaw Suy An51
Luis S. Wong vs. Court of Appeals and People of The Philippines53
Michael A. Osmeña vs. Citibank, N.A., Associated Bank and Frank Tan55
Benito Sy Y Ong vs. People of the Philippines And Court of Appeals57
Far East Bank & Trust Company vs. Diaz Realty, Inc.59
Raul Sesbreño vs. Hon. Court of Appeals, Delta Motors Corporation and Pilipinas Bank62
Victoria Vda. De Gaston vs. Republic of the Philippines64
Spouses Natalio and Felicidad Salonga vs. Spouses Manuel and Nenita Concepcion and Florencia Realty Corporation66

Case 1:
Full Title:
VICENTE HENRY TAN, respondent.
G.R. No. 156940
December 14, 2004
Associated Bank (Now Westmont Bank) vs. Vicente Henry Tan
A post-dated check in the amount of 101,000.00 was deposited by Vicente Henry Tan, a businessman and a regular depositor-creditor of the Associated Bank, with the said bank which was issued to him by a certain Willy Cheng. The check was duly entered in his bank record in the amount of 297,000.00 from the original deposit of 196,000.00. Allegedly, upon advice and instruction of the bank that the check was already cleared and backed up by sufficient funds, Tan, on the same date, withdrew a sum of 240,000.00. The next day, because he has issued several checks to his business partners, Tan deposited the amount of 50,000.00, making the existing balance 107,793.45. However, his suppliers and business partners went back to him declaring that the checks he issued bounced for insufficiency of funds. Thereafter, Tan, thru his lawyer, informed the bank to take positive steps regarding the matter for he has adequate and sufficient funds to pay the amount of the subject checks. Nonetheless, the bank did not bother nor offer any apology regarding the incident. Consequently, Tan, as plaintiff, sued the bank for damages.

Whether or not the petitioner, which is acting as a collecting bank, has the right to debit the account of its client for a check deposit which was dishonored by...
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