BDO Unibank, Inc. filed an estafa complaint against a depositor who withdrew ₱76,000 that the bank itself had made available after failing to follow its check-clearing policy, according to a Supreme Court (SC) ruling.
The SC’s Third Division denied BDO’s attempt to recover the money from depositor Cristina Barcellano, finding that the loss resulted from the bank’s gross negligence.
The case began when Barcellano deposited a regional Landbank check worth ₱151,200 at a BDO branch in Lucena City. A bank teller mistakenly processed it as a local check, cutting the clearing period from seven banking days to three.
After the amount appeared in her account, Barcellano withdrew ₱76,000. BDO later received a stop payment order covering the check and demanded that she return the withdrawn amount.
Although Barcellano initially agreed, she did not repay the bank. BDO then refused to release the remaining balance in her account and filed an estafa complaint against her.
The Regional Trial Court acquitted Barcellano after finding no fraud, deceit, or abuse of confidence. It ruled that BDO’s own handling of the check allowed the early withdrawal.
The Court of Appeals upheld the decision.
BDO brought the civil portion of the case to the SC, arguing that Barcellano should still return the money to prevent unjust enrichment. It also invoked solutio indebiti, a legal principle requiring the return of money received by mistake.
The SC rejected both arguments.
“The bank did not explain why the stop payment order was issued or show that Barcellano knew the check would not be honored,” the SC Office of the Spokesperson said in its press release.
The Court found that Barcellano acted in good faith because she withdrew the money only after BDO had credited it to her account.
“The evidence showed that she withdrew the money in good faith after BDO itself made the funds available in her account,” the SC said.
According to the Court, BDO failed to follow safeguards intended to protect banks from invalid or dishonored checks. It credited the amount before the check was properly cleared, classified a regional check as local, and discovered the error only after receiving the stop payment order.
The SC also held that solutio indebiti did not apply because the payment was caused by BDO’s gross negligence, not an ordinary mistake.
“Although the doctrine generally requires the return of money received by mistake, it does not apply when the mistake resulted from the payor’s own gross negligence,” the press release said.
The Court stressed that banks must exercise the highest degree of diligence because banking is a business affected by public interest.
It said releasing money from a deposited check before proper clearance and ignoring established procedures failed to meet that standard.
