Back

Associated Bank (now Westmont Bank) vs Vicente Henry Tan

ASSOCIATED BANK (Now WESTMONT BANK), petitioner, vs. VICENTE HENRY TAN, respondent.

G.R. No. 156940 | 2004-12-14

D E C I S I O N

PANGANIBAN, J.:

While banks are granted by law the right to debit the value of a dishonored check from a depositor's account, they must do so with the highest degree of care, so as not to prejudice the depositor unduly.

The Case

Before us is a Petition for Review[1] under Rule 45 of the Rules of Court, assailing the January 27, 2003 Decision[2] of the Court of Appeals (CA) in CA-GR CV No. 56292. The CA disposed as follows:

"WHEREFORE, premises considered, the Decision dated December 3, 1996, of the Regional Trial Court of Cabanatuan City, Third Judicial Region, Branch 26, in Civil Case No. 892-AF is hereby AFFIRMED....