This case has been cited 3 times or more.
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2015-03-11 |
DEL CASTILLO, J. |
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| This Petition for Review on Certiorari[1] seeks to set aside the January 22, 2013 Resolution[2] of the Court of Appeals (CA) in CA-G.R. CV No. 97995, which denied the herein petitioner's Omnibus Motion[3] seeking reconsideration of the CA's October 9, 2012 Resolution[4] denying petitioner's Motion for Extension[5] of time to file its Appellant's Brief. | |||||
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2014-01-15 |
DEL CASTILLO, J. |
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| As to the conceded inaccuracies in the reports, we cannot allow Land Bank to benefit therefrom. Time and again, we have cautioned banks to spare no effort in ensuring the integrity of the records of its clients.[82] And in Philippine National Bank v. Court of Appeals,[83] we held that "as between parties where negligence is imputable to one and not to the other, the former must perforce bear the consequences of its neglect." In this case, the Board could have submitted a more accurate report had Land Bank faithfully complied with its duty of maintaining a complete and accurate record of Oñate's accounts. But the Board could not find and present the corresponding slips for the withdrawals reflected in the passbooks. In addition, and as earlier mentioned, Land Bank was less than cooperative when the Board was examining the records of Oñate's accounts. It did not give the Board enough leeway to go over the records systematically or in orderly fashion. Hence, we cannot allow Land Bank to benefit from possible inaccuracies in the reports. | |||||
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2013-01-09 |
BRION, J. |
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| Solutio indebiti, as defined in Article 2154 of the Civil Code, has two indispensable requisites: first, that something has been unduly delivered through mistake; and second, that something was received when there was no right to demand it.[47] | |||||