Question & AnswerQ&A (BSP CIRCULAR NO. 587, S. OF 2007)
It is the amended reporting format for banks to report crimes and losses, replacing previous forms with the new SES Form 6G, to be submitted to BSP through the bank's head office unit within prescribed deadlines.
Estafa is a crime committed by a person who defrauds another, causing damage by means of unfaithfulness or abuse of confidence, false pretense, or fraudulent acts, under Articles 315 to 317 of the Revised Penal Code, as amended.
Theft involves taking personal property without consent and without violence or intimidation (Article 308, RPC), while Robbery involves taking property with violence or intimidation toward persons or using force on things (Article 295, RPC).
Falsification includes counterfeiting handwriting, causing false appearances of participation, making untruthful statements, altering dates or documents, issuing false copies, and other acts defined under Articles 169, 171 and 172 of the Revised Penal Code.
Insiders include stockholders, directors, officers, and employees of the bank, while Outsiders are persons other than insiders involved in the crimes.
A perpetrator is a person, insider or outsider, responsible for the commission of a crime through direct participation, inducement, or cooperation, including accomplices and accessories under Articles 18 and 19 of the Revised Penal Code.
The report must be submitted within ten (10) calendar days from knowledge of the crime/incident, with proofs of submission determined by postmark date if mailed or receipt date if hand-carried.
An initial report may be submitted within the deadline, but a complete report must be submitted no later than twenty (20) calendar days from termination of the investigation; failure to provide complete information leads to amended reports and penalties.
Attempted Crime is when overt acts are done but not all execution acts performed due to some cause other than voluntary desistance; Frustrated Crime is when all execution acts are performed but the crime is not consummated due to causes independent of the perpetrator’s will; Consummated Crime is when all execution acts are performed and the crime is complete, potentially causing loss.
Non-Crime Related Loss refers to losses arising from fortuitous events (accidents, natural phenomena) that cause the bank to suffer a loss, distinct from losses arising from criminal acts.