Sunday, March 2, 2014

Negotiable Instruments; Crossed-Checks

What is the nature of a crossed-check?

ANSWER:

The nature of crossed checks should place a bank on notice that it should exercise more caution or expand more than a cursory inquiry, to ascertain whether the payee on the check has authorized the holder to deposit the same in a different account.  It is well to remember that “[t]he banking system has become an indispensable institution in the modern world and plays a vital role in the economic life of every civilized society.  Whether as mere passive entities for the safe-keeping and saving of money or as active instruments of business and commerce, banks have attained an [sic] ubiquitous presence among the people, who have come to regard them with respect and even gratitude and, above all, trust and confidence.  In this connection, it is important that banks should guard against injury attributable to negligence or bad faith on its part.  As repeatedly emphasized, since the banking business is impressed with public interest, the trust and confidence of the public in it is of paramount importance.  Consequently, the highest degree of diligence is expected, and high standards of integrity and performance are required of it. (Equitable Banking Corporation, Inc. vs. Special Steel Products, G.R. No. 175350, June 13, 2012, [Del Castillo, J.]) (emphasis supplied)

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