Title
Bangko Sentral ng Pilipinas vs. Office of the Ombudsman
Case
G.R. No. 201069
Decision Date
Jun 16, 2021
BSP filed a complaint against Jamorabo for obtaining an unsecured loan from a bank he examined, violating Section 27(d) of R.A. No. 7653. Despite retirement, he remains liable; criminal charges were ordered.
Font Size:

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:

  1. Jamorabo secured an unsecured loan of P200,000 from RBKSI on July 17, 2006, during the bank's examination period.
  2. He promised RBKSI officials that the loan would be settled before the next BSP examination.
  3. The loan was approved without collateral, contrary to RBKSI's standard procedures.
  4. Jamorabo issued post-dated checks for the loan payments but failed to honor them, resulting in defaults.
  5. 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:

  1. What liabilities arise from a violation of R.A. No. 7653, Section 27(d)?
  2. Can Jamorabo be held administratively liable despite retiring before the complaint was filed?
  3. 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.
###


Jur is an AI-powered legal research platform in the Philippines for case digests, summaries, and jurisprudence. AI-generated content may contain inaccuracies; please verify independently.