Alex Go v. Court of Appeals

Summary

Alex Go sued Associated Bank claiming he never received proceeds from promissory notes totaling P1.135 million and alleging unauthorized withdrawals of P300,000 from his account. The bank had foreclosed on the real estate mortgage securing the loans. The trial court found that Go did receive the loan proceeds through legal compensation/set-off against his existing overdraft balance of P856,986.38, and that no unauthorized withdrawals occurred since the deposited checks worth P550,000 were dishonored and properly reversed. The Court of Appeals affirmed, and the Supreme Court dismissed Go's petition, rejecting his claims for new trial based on alleged lack of publication of the foreclosure notice, ruling that such defects could have been discovered with due diligence during the original proceedings.