Definitions of Key Terms
- Estafa: fraudulent acts causing damage via unfaithfulness, false pretense or other means (Articles 315-317, RPC)
- Theft: taking property without consent, no violence or intimidation (Article 308, RPC)
- Robbery: taking property by force or intimidation (Article 295, RPC)
- Falsification: counterfeiting, altering documents or statements (Articles 169, 171, 172, RPC)
- Credit-Card Related: crimes involving credit card misuse
- Other Crimes: crimes causing bank loss not classified above
- Negligence: failure to exercise ordinary prudence in duty (People v. Aguilar)
- Non-Crime Related Loss: losses from fortuitous events
- Insider: stockholders, directors, officers, employees of the bank
- Outsider: individuals other than insiders
- Perpetrator: person responsible for crime including accomplices (Articles 18, 19, RPC)
- Victim: aggrieved party suffering loss
- Attempted Crime: overt acts begun but crime not completed for reasons beyond control (Article 6, RPC)
- Frustrated Crime: all acts performed but crime does not occur due to external cause (Article 6, RPC)
- Consummated Crime: all acts performed and crime completed with loss to the bank
- Termination of Investigation: when sufficient facts are gathered to conclude the case
Procedural Requirements for Report Submission
- Reports must be submitted by branches/head offices to BSP via head office unit
- Certification by Compliance Officer required
- Report numbering format: mm-yyyy-xxx, continuing through year
- Submission of two copies to Supervisory Data Center (SDC) and BSP Security Coordinator within 10 calendar days from knowledge of crime
Initial and Final Reporting Protocols
- Initial reports accepted when investigation incomplete, but final complete report must be submitted within 20 calendar days after investigation
- Final reports with incomplete information considered erroneous and must be amended
- Penalties for late submission apply under MORB Subsection X162.2 (Category B reports)
Proof of Submission and Effectivity
- Proof of timely submission based on postmark date if mailed, or receipt date if hand-carried to SDC and SITD
- Circular effective 15 days after publication in Official Gazette or newspaper of general circulation