? The depositary would be liable if in performing its obligation it is found guilty of fraud, negligence; in the absence of any stipulation prescribing the degree of diligence required, that of a good father of the family is to be observed. Any stipulation exempting the depositary from any liability arising from loss on account of fraud, negligence would be void for being contrary to public policy (CA-Agro Dev�t vs. CA, 219 SCRA 426, March 5, 1993).

Note: The bank acting as depositary or as an agent shall keep the funds, securities and other effects which it receives duly separated from its own assets and liabilities. (Sec. 53)