Scribd Logo
Upload

Welcome to Scribd!

  • 290 views

    Josephine M. Sanchez v. Far East Bank and Trust Company

    Uploaded by

    Jaen Tajanlangit
    Petitioner Josephine Sanchez was acquitted of charges by the RTC that she made unauthorized withdrawals from a bank account through forged documents and misappropriated the funds for her personal benefit. The Court of Appeals reversed this decision, finding the criminal acquittal did not prevent a finding of civil liability. The Supreme Court ruled that the petitioner's acquittal meant she was found not to be the author of the alleged acts, thus extinguishing any civil liability. As her acquittal fell in the category of not being the perpetrator, she could not be held liable for the acts either criminally or civilly.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Josephine M. Sanchez v. Far East Bank and Trust Company

    Uploaded by

    Jaen Tajanlangit
    290 views2 pages
    Petitioner Josephine Sanchez was acquitted of charges by the RTC that she made unauthorized withdrawals from a bank account through forged documents and misappropriated the funds for her personal benefit. The Court of Appeals reversed this decision, finding the criminal acquittal did not prevent a finding of civil liability. The Supreme Court ruled that the petitioner's acquittal meant she was found not to be the author of the alleged acts, thus extinguishing any civil liability. As her acquittal fell in the category of not being the perpetrator, she could not be held liable for the acts either criminally or civilly.

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Petitioner Josephine Sanchez was acquitted of charges by the RTC that she made unauthorized withdrawals from a bank account through forged documents and misappropriated the funds for her personal benefit. The Court of Appeals reversed this decision, finding the criminal acquittal did not prevent a finding of civil liability. The Supreme Court ruled that the petitioner's acquittal meant she was found not to be the author of the alleged acts, thus extinguishing any civil liability. As her acquittal fell in the category of not being the perpetrator, she could not be held liable for the acts either criminally or civilly.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    290 views2 pages

    Josephine M. Sanchez v. Far East Bank and Trust Company

    Uploaded by

    Jaen Tajanlangit
    Petitioner Josephine Sanchez was acquitted of charges by the RTC that she made unauthorized withdrawals from a bank account through forged documents and misappropriated the funds for her personal benefit. The Court of Appeals reversed this decision, finding the criminal acquittal did not prevent a finding of civil liability. The Supreme Court ruled that the petitioner's acquittal meant she was found not to be the author of the alleged acts, thus extinguishing any civil liability. As her acquittal fell in the category of not being the perpetrator, she could not be held liable for the acts either criminally or civilly.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    You are on page 1of 2

    Josephine M. Sanchez v.

    Far East Bank and Trust Company


    G.R. No. 155309, November 15, 2005
    Panganiban, J.

    FACTS:

    Kai Chin, the director and Sr. Vice president of respondent bank, claims that petitioner,
    who was assigned as her secretary, made unauthorized withdrawals from the account of
    Chemical International Finance Limited (CIFL) in FEBTC through the use of forged or falsified
    applications for cashier's checks which were deposited to her personal accounts. She then
    withdrew the amounts and misappropriated, misapplied and converted them to her personal
    benefit and advantage. Petitioner, on the other hand, claims that she had deposited the checks to
    her account, under the authority and instructions of Kai Chin. She then withdrew the amounts
    and gave them to Kain Chin. After, trial, the RTC ruled in favor of petitioner and acquitted her
    from all charges. Thereafter, respondent filed a Motion for Reconsideration of the civil aspect of
    the RTC Decision. This was, however, denied by the RTC. On appeal, the Court of Appeals
    reversed the decision of the RTC and ruled that the criminal case, whether conviction or
    acquittal, was inconsequential in adjudging civil liability arising from the same act that could
    also be considered a quasi delict.

    ISSUE:

    Whether Petitioner’s acquittal of the crime charged extinguished her civil liability.

    RULING:

    Yes, petitioner’s acquittal of the crime charged extinguished her civil liability.

    Our law recognizes two kinds of acquittal, with different effects on the civil liability of
    the accused. First is an acquittal on the ground that the accused is not the author of the act or
    omission complained of. This instance closes the door to civil liability, for a person who has
    been found to be not the perpetrator of any act or omission cannot and can never be held liable
    for such act or omission. The second instance is an acquittal based on reasonable doubt on the
    guilt of the accused. In this case, even if the guilt of the accused has not been satisfactorily
    established, he is not exempt from civil liability which may be proved by preponderance of
    evidence only.

    In this case, the acquittal of petitioner falls on the first kind: an acquittal on the ground
    that the accused is not the author of the act or omission complained of.

    Therefore, her acquittal likewise extinguished the action for her civil liability.

    You might also like