Facts:
Respondent Gan opened a current account to the petitioner which he can draw check from its fund. Under a special agreement with the petitioner manager Mr. Qui, respondent is allowed to transfer fund from his account to another person’s account. His transaction of transferring fund from his account to another account is covered by a debit memo. In December 14, 1982, he was reportedly to have incurred a negative balance in the amount of P153,757.78. By Sept. 15, 1990 his total obligation to the petitioner allegedly amounted to P297,060.01 inclusive of interest. Petitioner filed a complaint to recover the sum of money from the respondent after his refusal to pay contending that the alleged overdraft was made from transactions without his knowledge and consent. Petitioner presented its bookkeeper, Patricio Mercado who handles the respondent’s account and transactions in a ledger. Records show that a transfer of fund from the respondent’s account was made to another person’s account which was made with authority from Qui which resulted to the overdraft of his account. Respondent denied to have authorized such transaction. The lower court dismissed the case on the ground that the petitioner failed to establish with substantial evidence that the respondent does owe them that sum of money. The CA affirmed the lower court decision upon the court hence this petition.
