First Planters Pawnshop, Inc. v Commissioner of Internal Revenue, GR No. 174134, July 30, 2008

Facts:

The BIR informed the petitioner on its VAT and Documentary Stamp Tax (DST) deficiency for the year 2000. The petitioner protested after receiving the formal assessment notice from the BIR directing it to pay its VAT deficiencies with surcharges and interest. They contend they are not a lending investor within the scope of Section 108 (A) of the National Internal Revenue Code therefore not subject to Vat and that a pawn ticket is not subject to DST because it is not a proof of pledge of transaction. Their protest was denied by the BIR Regional Director and their appeal was likewise denied by the Court of Tax Appeal hence this petition for review.

Security Bank and Trust Co. v Eric Gan GR No. 150464, June 27, 2006

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.

Prudential Bank v Chonney Lim GR No. 136371, November 11, 2005

Facts:

Respondent allegedly made 2 deposits in the amount of P34,000 each on the 14^th and 15^th of March 1988 in his savings account. He availed of the petitioner bank’s automatic transfer system where his savings deposit may be automatically transferred in his checking account in case the latter has insufficient fund to pay for his issued checks. Apparently, respondent received a letter of dishonor for his checks due to insufficient fund. He wrote a letter to the bank opposing their claim that he has an insufficient fund while asserting to have made two separate deposits in the amount of P34,000 to his savings account. The bank denied receiving two separate deposits and verified only that respondent made a deposit only on the 14^th of March and that the deposit slip dated March 15 presented by the respondent is merely a copy of the former. Upon presentation of evidence, it was clear that the two separate deposit slips have the same amount but with different denominations stated therein. This was further attested by the bank teller who admitted to have stamped both deposit slips. The lower court decided in favor of the respondent. Upon appeal by the petitioner, the court of appeals affirmed the lower court decision with some modification on the award of damages hence this petition to the Supreme Court.

Phil. Banking Corp. vs CA GR. No. 127469

Facts:

Leonilo Marcos filed in court a complaint for sum of money with damages against Phil. Banking Corporation (PBC). Marcos allegedly made a time deposit in 2 occasions the amt. of P664,897.67 and P764,897.67 through the persuasion of his friend Pagsaligan, one of the bank’s officials. The bank issued receipt for the first deposit while a letter-certification was issued for his second deposit by Pagsaligan. Pagsaligan kept the various time deposit certificates. When Marcos wanted to withdraw his time deposit and its accumulated interest Pagsaligan encouraged him to open a letter of credit to the bank by executing 3 trust receipts agreement. He signed blank forms for domestic letter of credits, trust receipts agreements and promissory notes. He was required to deposit 30% of the total amount of credit and his time deposit will secure the remaining 70% of the letters of credit.