BPI V Roxas Digest
BPI V Roxas Digest
BPI V Roxas Digest
Roxas
536 SCRA 168
October 15, 2007
FACTS:
Gregorio Roxas, as trader, delivered stocks of vegetable oil to Spouses Rodrigo and Marissa Cawili.
As payment, they issued a personal check amounting to PHP348,805.50 which was dishonored by the
drawee bank when Roxas tried to encash.
The Spouses Cawili replaced the check with a cashier's check from Bank of the Philippine Island. The
cashier's check was drawn against the account of Marissa Cawili. When Cawili tried to encash the
Cashier Check, it was dishonored on the ground that the account of Marissa was closed on the same
date that Roxas tried to encash. Roxas thereafter filed a complaint with the Regional Trial Court for a
sum of money praying that BPI will pay him the amount of the check, damages and cost of the suit.
It is said that BPI is liable to pay the face value of the cashier's check amounting to PHP 384,
805.50.
ISSUE:
Can a cashiers check be deemed automatically accepted upon its issuance?
RULING:
BPI is liable to Roxas.
It bears emphasis that the disputed check is a cashiers check. A cashiers check is really the
banks own check and may be treated as a promissory note with the bank as the maker. The check
becomes the primary obligation of the bank which issues it and constitutes a written promise to pay
upon demand. The mere issuance of a cashiers check is considered acceptance thereof.
BPI became liable to Roxas from the moment it issued the cashiers check. Having been
accepted by Roxas, subject to no condition whatsoever, BPI should have paid the same upon
presentment by the former.