VIOLET MCGUIRE SUMACAD v. PROVINCE OF SAMAR, GR No. L-8155, 1956-10-23
Facts:
In May, 1942, while the province of Samar was still occupied
by Japanese military forces, a check was issued by said province to Paulino M.
Santos (then the postmaster of Borongan) for the sum of P25,000, drawn against
the Philippine National Bank Cebu Branch. The payee negotiated the check with
James McGuire, an American citizen and resident of the municipality of
Borongan. After the liberation in 1946, James McGuire presented the check to
the municipal treasurer of Borongan for payment, but the latter (who merely
noted it) was not able or did not choose to pay the same.
James McGuire wrote letters to the Bureau of Posts dated May
28 and August 5, 1948, and March 30, 1950 seeking payment of the check, which
were in turn referred by the 'Director of the Bureau of Posts to the Philippine
National Bank on April 21, 1950.
On April 25, 1950, the Philippine National Bank requested
the Bureau of Posts to furnish it with photostatic copies of the check which
were duly received by the bank on May 12, 1950.
On May 14, 1950, the latter requested James McGuire to
present the check to the provincial treasurer and the provincial auditor for
certification.
On August 22, 1950, James McGuire again requested the Bureau
of Posts to expedite compliance with the requirement of the Philippine National
Bank so as to permit the encashment of the check. Before the check could be
certified by the authorities concerned as being in order and entitled to
priority of payment, the province of Samar, on September 4, 1951, withdraw the
amount of P83,504.07, leaving a balance of only P743.43. In the meantime, James
McGuire transferred his rights to the check to the herein plaintiffs who, unable
to cash it, filed the present complaint against the province of Samar and the
Philippine National Bank.
After trial the court rendered a decision sentencing the
defendants to pay jointly and severally to the plaintiffs the sum of P25,000,
plus legal interest.
Issues:
The position of the appellant bank is that it did not issue
the check and was merely called upon to pay the same upon being presented for
encashment if and when funds for the purpose were available that in any event,
the appellant bank cannot be held solidarity liable, the province of Samar
being the drawee of the check and therefore primarily liable to pay the same.
Ruling:
But in view of the fact that as early as May 12, 1950, upon
its own request, it was furnished with photostatic copies of the check in
question; and on May 14, 1950, it went to the trouble of requiring James
McGuire to present the check to the provincial treasurer and provincial auditor
for necessary certification, it voluntarily assumed the obligation of holding
so much of the deposit of the province of Samar as would be sufficient to cover
the amount of the check, or before allowing the withdrawal... that exhausted
said deposit, of making the necessary inquiry on the matter. In our opinion, an
implied acceptance of the check by the appellant bank was thereby created. The
request by the appellant bank from the Bureau of Posts for photostatic copies
of the check and the subsequent requirement by it for its presentation by James
McGuire to the provincial treasurer and the provincial auditor for
certification, would be an empty gesture if the appellant did not thereby mean
to assume the obligation of paying the check and holding sufficient deposit of
the drawer for the purpose. Even so, appellant's resulting obligation is merely
subsidiary, the province of Samar being primarily liable to pay the check.
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