MANILA: The Philippine Deposit Insurance Corp. (PDIC) has criminal charges against the former chairman and directors of the board of the closed Rural Bank of Taysan (Batangas), Inc. for large-scale estafa, falsification of commercial documents and for conducting business in an unsafe and unsound manner in violation of Republic Act 3591 or the PDIC Charter.
Charged before the Department of Justice (DOJ) were Belen B. Gutierrez, former chairman of the board; her husband Nicanor T. Gutierrez, former director; and their daughters Grace Gutierrez-Buencamino, former president and director; and Shirley Maribel B. Gutierrez, former director and assistant cashier.
The complaint alleged that the respondents conspired and took advantage of their positions to make several unauthorized withdrawals from 2012 to 2014 from Rural Bank of Taysan amounting to P3.8 million.
To cover up the scheme, the respondents made it appear that several depositors made withdrawals from the bank.
This was done either by forging withdrawal slips, or by printing of replica copies of certificates of deposits and having these stamped as paid.
According to the complaint, when PDIC took over the closed bank, there was a cash shortage of about P4 million, of which P3.8 million, according to the cashier/treasurer, were personal advances of spouses Belen and Nicanor Gutierrez.
The complaint alleged that the cashier/treasurer said that these unauthorized advances were not booked as receivables from spouses Gutierrez upon the instructions of the bank president and director, Grace Gutierrez-Buencamino.
The cashier/treasurer added that the advances were covered up through recording of unauthorized withdrawals against several deposit accounts.
The PDIC claimed that when the bank was taken over, the respondents submitted a promissory note to acknowledge their indebtedness to the bank in the amount of P3.8 million.
The complaint said that the respondents conducted business in an unsafe and unsound manner by violating restrictions on loans granted to Directors, Officers, Stockholders and Related Interests (DOSRI).
Prior to the bank’s closure, the Bangko Sentral ng Pilipinas (BSP) has found that the bank violated DOSRI rules.