Allied Bank vs. Lim Sio Wan

Allied Banking Corp. vs. Sio Wan AUTHOR: DAYOS G.R. No. 133179 NOTES: Pinagmukha nila na yung Allied check na TOPIC: The defendants (Persona who may be sued for dineposit sa Metrobank account ni FCC ay proceeds ng tort) money market placement. PONENTE: FACTS:  Filipinas Cement Corp (FCC) deposited 2M a money market placement with Producers bank, Santos being the assigned account holder.  Lim Sio Wan deposited a money market placement to Allied Banking Corp valued at Php 1,152,597 for a term of 31 days.  Few weeks later, a purported Lim Sio Wan called Cristina So (Allied Officer) to pre-terminate the MMP, instead issue a manager’s check and hand it over to Deborah Santos – Lim Sio Wan described Santos’ appearance through phone.  Santos later on arrived at the branch and upon signing the application form, Allied issued a manager’s check.  The check was deposited in the account of FCC with Metrobank – forged signature of Lim.  When the FCC placement matured, they demanded the proceeds.  On the same date So received the call, manager’s check was deposited in the account of FCC, purporting to be the proceeds of FCC’s money market placement with Producers.  Upon the maturity, Lim Sio Wan demanded the proceeds of his money market placement.  Allied advised him that it was already pre-terminated.  He filed a complaint with the RTC to recover the proceeds of the money.  RTC: in favor of Lim - Allied must pay!  CA: Modified. Absolved Producer’s bank from liability  Allied argued that Producer’s bank must be liable for the negligence of its employee Santos for her negligence under Art. 2180 ISSUE(S): Whether the court erred in absolving the producers bank from liability HELD: YES RATIO: Art. 2180 pertains to the vicarious liability of an employer for quasi-delicts that an employee has committed. Such provision of law does not apply to civil liability arising from delict. One also cannot apply the principle of subsidiary liability in Art. 103 of the Revised Penal Code in the instant case. Such liability on the part of the employer for the civil aspect of the criminal act of the employee is based on the conviction of the employee for a crime. Here, there has been no conviction for any crime. However, unjust enrichment on the part of Producers Bank. Producers Bank was unjustly enriched at the expense of Lim Sio Wan. Based on the facts and circumstances of the case, Producers Bank should reimburse Allied and Metrobank for the amounts the two latter banks are ordered to pay Lim Sio Wan. CASE LAW/ DOCTRINE: DISSENTING/CONCURRING OPINION(S):