The General
Banking Act of 2000 demands of banks the highest standards of integrity and
performance. As such, the banks are under obligation to treat the accounts
of their depositors with meticulous care. However, the banks' compliance with
this degree of diligence is to be determined in accordance with the particular
circumstances of each case.
Gross negligence
connotes want of care in the performance of one's duties; it is a negligence
characterized by the want of even slight care, acting, or omitting to act in a
situation where there is duty to act, not inadvertently but willfully and
intentionally, with a conscious indifference to consequences insofar as other
persons may be affected. It evinces a thoughtless disregard of consequences
without exerting any effort to avoid them.
In order for
gross negligence to exist as to warrant holding the respondent liable therefor,
the petitioners must establish that the latter did not exert any effort at all
to avoid unpleasant consequences, or that it willfully and intentionally
disregarded the proper protocols or procedure in the handling of US dollar
notes and in selecting and supervising its employees.
In every
situation of damnum absque injuria, therefore, the injured person alone
bears the consequences because the law affords no remedy for damages resulting
from an act that does not amount to a legal injury or wrong.
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