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material circumstances and pervert the truth, and cast serious doubt on the legitimacy
of his claims.
As for respondents and third party defendants Papercon and Tom Pek, upon the finding
that the checks issued to them were in order, and there being no indication that
respondent bank colluded in paying the checks to them for any unlawful cause, or was
otherwise deceived or misled into doing the same, the presumption lies that they were
holders for value and in good faith.
WHEREFORE, the decision of the Court of Appeals in CA-G.R. CV No. 35442 is
AFFIRMED. Costs against petitioner.
SO ORDERED.
Melo, (Chairman), Vitug, and Sandoval-Gutierrez, JJ., concur.
Panganiban, J., No part. Former partner of a party's counsel.
[1] Presided by Judge Eutropio Migriño.
[2] RTC Decision; Rollo, 91.
[3] TSN, March 4, 1988, 6.
[4] Ibid.
[5] Ibid.
[6] Ibid., 94.
[7] RTC Decision; Rollo, 99.
[8] Ibid., 96.
[9] Ibid., 100.
[10] Ibid., 100-101.
[11] Amended RTC Decision; Rollo, 108-109.
[12] Ibid., 47.
[13] Ibid., 49.
[14] Exh. "3-B"; Records of the Case, 202.
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