Case digest # 3

LEODEGARIO D. BOONGALING VS. BANCO DE SAN JUAN

G.R. NO. 214259

FACTS:
On December 5, 2011, Boongaling and Diate filed a complaint for a sum of money and damages
against Banco San Juan, which was amended on January 27, 2012. In their complaint, they
alleged that more than P500,000 of their cash deposit were missing. They alleged that their
signature was forged by two bank employees two withdraw the said amounts from their
accounts. The bank denied their allegations and maintained that their signatures on the
withdrawal slips were genuine and the plaintiffs have no cause of action against them.
On April 19, 2012, the RTC Baguio granted the petition of the plaintiffs and ordered Banco San
Juan to pay a total of P1,674,313.93 in damages based on the Complaint and Answer on record.
The bank moved for reconsideration but was denied by the trial court on its May 11, 2012
Order.
The Bank appealed their case to the CA. The CA reversed the ruling of the RTC stating that the
Trial court erred in granting judgement on the pleadings considering that the pleadings
tendered issues and Boongaling and Diate had yet to establish their claim through a
preponderance of evidence. The CA remanded the case to the court of origin.
ISSUE:
1. Whether or not the CA erred in reversing the trial court’s judgement on the pleadings
and remanding the case trial on the merits
HELD:
The Court agrees with the ruling of the CA that the rendition of Judgement on the pleadings by
the trial court was improper.
In civil cases, the burden of proof rests upon the plaintiff who must establish their case by
preponderance of evidence. Preponderance of evidence is the evidence that is of greater
weight, or more convincing than the evidence offered in opposition to it. It is proof that leads
the trier of facts to find that the existence of the contested fact is more probable than its non-
existence.
WHEREFORE, the Petition for Review on Certiorari in DENIED. The February 17, 2014 Decision
and the August 20, 2014 Resolution of the Court of Appeals in CA-G.R. CV No. 99360 are
AFFIRMED.