Lucena city: The Supreme Court has ruled that customers cannot be compelled to return money mistakenly credited to their accounts by a bank prior to the actual clearing of the check covering the sum. This decision came after the court's Third Division denied a petition by BDO Unibank, Inc. to reclaim funds withdrawn by a customer who acted in good faith, attributing the loss to the bank's gross negligence.

According to Philippines News Agency, the case stems from an incident on September 17, 2003, when a customer, identified as 'C', deposited a regional check worth PHP151,200 from an Albay branch of Land Bank of the Philippines into her savings account at BDO's Lucena City branch. The check was mistakenly validated by a BDO teller as a local check, which led to the funds being credited after three banking days instead of the required seven. Consequently, the customer, Barcellano, withdrew PHP76,000 on September 23, 2003. When BDO received a stop payment order on the check, it demanded the return of the withdrawn money, which Barcellano refused, leading the bank to file a criminal complaint for estafa.

The Regional Trial Court acquitted Barcellano, attributing the premature withdrawal to the bank's negligence, a decision later affirmed by the Court of Appeals. BDO appealed to the Supreme Court to review the civil aspect, arguing that Barcellano's refusal to return the money amounted to unjust enrichment. The bank contended that the error in processing the check necessitated repayment under the principle of solutio indebiti, which requires repayment of money received by mistake.

The Supreme Court, however, found that BDO failed to prove its claim. The bank did not provide an explanation for the stop payment order or evidence that Barcellano knew the check would not be honored. The evidence indicated that Barcellano withdrew the money in good faith after BDO made the funds available in her account. The court further ruled that BDO's gross negligence led to its loss, citing failures in proper check clearance and treatment of a regional check as a local check as key lapses.

The ruling underscores the court's stance on the responsibility of banks to adhere to stringent diligence standards due to the public interest inherent in banking operations. The decision highlights the importance of following established banking procedures to prevent such errors and protect the interests of both banks and customers.