G.R. No. 129910 September 5, 2006
Lessons Applicable: Alteration (Negotiable Instruments Law)
FACTS
- The Ministry of Education and Culture issued 15 checks drawn against PNB which International Corp. Bank (Int'l) accepted for deposit on various dates.
- After 24 hours from submission of the checks to Int'l for clearing, it paid the value of the checks and allowed the withdrawals of the deposits
- October 14, 1981, PNB returned all the checks to Int'l without clearing them on the ground that they were materially altered.
- Int'l instituted an action for collection of sums of money against respondent to recover the value of the checks.
- RTC: dismissed
- CA: Reversed
- materially altered shall be returned within 24 hours after discovery of the alteration.
- C.B. Circular does not provide the drawee bank the license to be grossly negligent on the one hand nor does it preclude the collecting bank from raising available defenses even if the check is properly returned within the 24-hour period after discovery of the material alteration
ISSUES: W/N PNB should be liable for not returning the check with material alteration w/in the 24-hour period
HELD: NO. CA set aside
- Alteration of Serial Number Not Material
- The Court will not rule on the proper application of Central Bank Circular No. 580 in this case since there were no material alterations on the checks, PNB as drawee bank has no right to dishonor them and return them to petitioner, the collecting bank