Philippine Bar review · Question

Practice question: Diligence Required of Banks

Multiple Choice Hard

Practice question

A bank proves that it had a written verification policy but its staff ignored an obvious material date in the transaction and incorrectly debited the account. The bank relies only on the existence of the manual as conclusive compliance. Which is best?
  1. A manual conclusively proves care regardless of conduct
  2. Actual implementation and transaction handling must be assessed; a policy’s existence alone does not establish meticulous care
  3. Staff conduct never matters
  4. Any computer entry is irrebuttably correct
  5. The customer bears every operational error

Legal references

  • https://lawphil.net/statutes/repacts/ra2000/ra_8791_2000.html — RA 8791, section 2
  • https://lawphil.net/judjuris/juri2010/aug2010/gr_165339_2010.html — Equitable PCI Bank v. Tan, G.R. No. 165339, August 23, 2010, main opinion

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