Case Digest (G.R. No. 201069)
Facts:
The case involves the Bangko Sentral ng Pilipinas (BSP) as the petitioner and Benjamin M. Jamorabo as the respondent. The events leading to this case began when the BSP filed a complaint against Jamorabo on August 11, 2009, for allegedly violating Section 27(d) of Republic Act No. 7653 and BSP Office Order No. 423, series of 2002. Jamorabo, a former Bank Officer I in the BSP's Supervision and Examination Sector, was accused of obtaining a loan of P200,000 from the Rural Bank of Kiamba, Sarangani, Inc. (RBKSI) while conducting a regular examination of the bank from July 6 to 22, 2006. The complaint detailed that on July 17, 2006, Jamorabo took out the unsecured loan, promising to settle it before the next BSP examination of RBKSI, which occurs every two years. The loan was approved without the usual requirements such as collateral or proof of income, and Jamorabo signed the loan documents using his wife's name as the principal borrower, while he acted as the co-maker. ...
Case Digest (G.R. No. 201069)
Facts:
Background of the Parties:
The petitioner, Bangko Sentral ng Pilipinas (BSP), is the central monetary authority of the Philippines, established under Republic Act (R.A.) No. 7653. The respondent, Benjamin M. Jamorabo, was a former Bank Officer I in BSP's Supervision and Examination Sector (SES).
The Complaint:
On August 11, 2009, BSP filed a complaint against Jamorabo with the Office of the Ombudsman. The complaint alleged that Jamorabo violated Section 27(d) of R.A. No. 7653 and BSP Office Order No. 423 by obtaining a loan from the Rural Bank of Kiamba, Sarangani, Inc. (RBKSI) while conducting its regular examination from July 6 to 22, 2006.
Key Allegations:
- Jamorabo secured an unsecured loan of P200,000 from RBKSI on July 17, 2006, during the bank's examination period.
- He promised RBKSI officials that the loan would be settled before the next BSP examination.
- The loan was approved without collateral, contrary to RBKSI's standard procedures.
- Jamorabo issued post-dated checks for the loan payments but failed to honor them, resulting in defaults.
- Jamorabo listed his wife, Marites B. Jamorabo, as the principal borrower but signed all loan documents himself.
Discovery and Retirement:
The loan was discovered during a subsequent examination in April 2009. Jamorabo had retired from BSP on December 31, 2008, before the complaint was filed.
Issue:
- What liabilities arise from a violation of R.A. No. 7653, Section 27(d)?
- Can Jamorabo be held administratively liable despite retiring before the complaint was filed?
- Is there a prima facie case for violation of Section 3(e) of R.A. No. 3019 (Anti-Graft and Corrupt Practices Act) against Jamorabo?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
The Court ordered the Ombudsman to file criminal charges against Jamorabo for violating Section 27(d) of R.A. No. 7653 and to initiate administrative proceedings against him. The petition was partially granted.
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