The Supreme Court has ruled that depositors cannot be forced to return money withdrawn in good faith if the error was caused by a bank’s negligence. The decision came after BDO Lucena mistakenly processed a regional check in 2003, leading to a wrongful credit.
Cristina Barcellano deposited a ₱151,200 regional check. A teller wrongly treated it as local, clearing in three days instead of seven. Before a stop-payment order arrived, she withdrew ₱76,000. BDO demanded repayment and filed estafa charges.
The Regional Trial Court acquitted her. The Court of Appeals affirmed. The Supreme Court upheld both rulings, stressing that banks must exercise the highest diligence. The Court rejected BDO’s claims of unjust enrichment and solutio indebiti, saying these do not apply when the mistake stems from gross negligence.
Justice Japar Dimaampao, writing for the Third Division, said banking is a business of public trust. Depositors act in good faith when they rely on bank procedures. The ruling makes clear that responsibility lies with banks when errors occur due to their own lapses.
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This decision sets a strong precedent. It reinforces that banks cannot shift the burden of their mistakes to depositors. Financial institutions are reminded to strictly follow procedures and protect consumer trust.
