Case Digest (G.R. No. 233395)
Facts:
Petitioner Norlina G. Sibayan, then Assistant Manager of BDO San Fernando, was charged by Elizabeth O. Alda, through her attorney-in-fact Ruby O. Alda, before the Office of Special Investigation, Bangko Sentral ng Pilipinas, with unauthorized deductions and failure to post check deposits to Alda’s BDO savings account, arising from alleged laundering tied to Ruby’s Fastcard and documents executed in favor of BDO. The OGCLS-BSP denied Norlina’s Request to Answer Written Interrogatories and Motion for Production of bank documents; the Court of Appeals affirmed, prompting this Rule 45 petition.Issues:
- Did the OGCLS-BSP gravely abuse its discretion in denying petitioner’s Request to Answer Written Interrogatories?
- Did the OGCLS-BSP gravely abuse its discretion in denying petitioner’s Motion for Production of Bank Documents, including under the secrecy of bank deposit rule?
Ruling:
The Supreme Court DENIED the petition and AFFIRMED the Court of Appeals’ Decision and Resolution, u Case Digest (G.R. No. 233395)
Facts:
- Background of the dispute
- Complainant: Elizabeth O. Alda, through her attorney-in-fact Ruby O. Alda, filed a letter-complaint with the Office of Special Investigation of the Bangko Sentral ng Pilipinas (BSP) alleging unauthorized deductions and failure to post check deposits from her BDO Savings Account No. 0970097875.
- Alleged account depletion and deposits: Elizabeth O. Alda asserted that her BDO savings account balance fell from P1,071,561.73 as of July 22, 2008 to P334.47 by October 31, 2008, and that two crossed manager’s checks deposited on October 27, 2008 — (a) UCPB Check No. 0000005197 for P2,743,346 issued by Ferdinand Oriente, and (b) BPI Check No. 0000002688 for P2,237,341.89 issued by Jovelyn Oriente — were not posted to her account.
- Respondent and position: Norlina G. Sibayan, then Assistant Manager and Marketing Officer of Banco De Oro Unibank, Inc. (BDO) San Fernando, La Union Branch, was charged in the administrative complaint.
- Facts claimed by BDO and respondent’s defense
- BDO alleged erroneous credits to Ruby O. Alda’s Visa Electron Fastcard Account No. 4559-6872-3866-2036 after BDO’s merger with Equitable PCI Bank, enabling withdrawals overseas; BDO discovered withdrawals totaling P64,229,297.50 from November 15, 2007 to September 20, 2008 despite only P1,645,486 remitted by Elizabeth O. Alda.
- BDO alleged that Ruby O. Alda exploited a system error to launder funds and then transferred proceeds to accounts under the names of Elizabeth O. Alda, Ruby O. Alda, and relatives and friends.
- Documents executed by Ruby O. Alda before the Philippine Consulate in Dubai were submitted by BDO: (a) Undertaking with Authorization dated October 21, 2008; (b) Special Power of Attorney dated October 22, 2008; and (c) Deed of Dation in Payment dated October 22, 2008 acknowledging a debt of Php62,670,681.60 and listing properties and bank accounts allegedly ceded to BDO.
- The List of Properties attached to the Deed included, among others, BDO Account No. 0970097875 (Elizabeth), UCPB Account No. 2351047157 (Ferdinand Oriente), and BPI Account No. 85890237923 (Jovelyn Oriente).
- Pursuant to the documents, BDO debited Elizabeth O. Alda’s savings account and applied proceeds to Ruby O. Alda’s obligation; Ferdinand Oriente and Jovelyn Oriente presented manager’s checks at the BDO branch, which BDO applied as payment.
- Administrative filing and motions
- The OSI-BSP issued a Resolution dated June 13, 2012 finding a prima facie case against Norlina G. Sibayan for *Conducting Business in an Unsafe or Unsound Manner* under Section 56.2 of Republic Act No. 8791, punishable under Section 37 of Republic Act No. 7653.
- The OGCLS-BSP directed Norlina G. Sibayan to submit a sworn answer to the formal charge.
- On October 19, 2012, Norlina G. Sibayan filed a Request to Answer Written Interrogatories addressed to Elizabeth O. Alda, Ferdinand Oriente, and Jovelyn Oriente, and a Motion for Production of Documents seeking the statements of account for UCPB Account No. 2351047157 and BPI Account No. 85890237923, alleging Ruby O. Alda was legal and beneficial owner of those accounts.
- The prosecution and the accused parties filed objections and manifestations, including that Elizabeth O. Alda and Jovelyn Oriente were out of the country.
- OGCLS-BSP disposition of discovery motions
- In its June 9, 2014 Order, the Office of the General Counsel and Legal Services of the BSP (OGCLS-BSP)...(Subscriber-Only)
Issues:
- Whether the OGCLS-BSP gravely abused its discretion in denying Norlina G. Sibayan’s Request to Answer Written Interrogatories
- Whether written interrogatories may be served on any person, including witnesses for the prosecution, such as Elizabeth O. Alda, Ferdinand Oriente, and Jovelyn Oriente.
- Whether Norlina G. Sibayan’s written interrogatories were relevant and material to the administrative case.
- Whether the OGCLS-BSP gravely abused its discretion in denying Norlina G. Sibayan’s Motion for Production of Bank Documents
- Whether Norlina G. Sibayan was entitled to production of bank statements pursuant to Section 1, Rule 27, Rules of Court or under any exception to bank secrecy.
- Whether the docume...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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