Philippine Bar review · Question

Practice question: Diligence Required of Banks

Multiple Choice Hard

Practice question

A depositor proves a negligent debit that caused wrongful dishonor. He then demands every projected business loss without evidence of amount or causal connection, arguing high diligence makes all damages automatic. Which is best?
  1. Every claimed amount is automatically payable
  2. A high duty eliminates proof of loss
  3. The bank’s duty and breach do not dispense with the separate requirements for causation and the damages claimed
  4. No damages can ever be recovered against banks
  5. The depositor can fix the award by unilateral invoice

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

Answer this question in flashcards to review your response and continue practicing.