BY EUGENE Y.ADIONG
BACOLOD City – A resident here has filed a P31.7-million damage suit against one of the country’s biggest banks.
In civil complaint No. 14-14339 filed before the Regional Trial Court (RTC), Joemarie Sy claimed his deposits were “fraudulently withdrawn” and his bank records electronically falsified.
Sy is seeking P21,755,525.84 in actual damages and P10 million in moral and exemplary damages, for a total of P31,755.525.84.
But an audit is still ongoing and the amount could increase to P40 million or even to P60 million, he said in a press conference yesterday.
Sy’s case had been raffled off to RTC Branch 48 under Judge Rosario Casie.
A former employee of Roche Philippines, Sy said he has four bank accounts with the bank.
He is also a holder of the bank’s Gold Card with special privileges.
In his complaint, Sy stated that the problem started in December 2008. He noticed that the checks he had issued and his bank statements were either not returned or copies not furnished him.
Despite repeated requests, Sy said, he was given a runaround and assurances that these were still in the vault and that “clearance from the upper management” was still needed.
According to Sy, to generate money he was forced to sell his shares in SM Holdings to fund his current accounts.
He was also constrained to borrow money and to terminate his time deposits and transfer them to his savings/current account.
When he complained to the bank about the “unexplained disappearance” of his deposits by requesting a review of recordings in their security camera to determine who was stealing his funds, Sy said his requests were ignored.
The promised audit of his bank records also “never came,” Sy claimed.
In January 2013 when he went on a business trip to Iloilo City, Sy said he tried to withdraw P10,000 from his bank account through an automated teller machine but discovered that it had only P105 left.
Despite numerous letters and emails to the bank management, even up to bank owner Jaime Zobel de Ayala, Sy said his complaints and requests were ignored.
Instead of investigating the complaint, Sy said, the bank filed a civil case against him before the RTC in Makati City for collection worth P541,331.56 plus interest.
Sy yesterday said he sent copies of his complaint to the Bangko Sentral ng Pilipinas (BSP) and the Senate, specifically to Sen. Sergio Osmeña III, chair of the Committee on Banks.
Sy admitted that he may have been negligent in not filing a complaint immediately after discovering the alleged irregularity in 2008.
“I trusted my bank,” he lamented.
“I believe that this is a matter of public interest. The BSP and our legislative bodies should be informed so that investigations can be done and proper safeguards can be introduced to protect bank deposits,” Sy said.
Sy’s lawyer, Roland Ravina said they did not file the case to get back at the bank for the collection case it has filed against his client.
“We want to remind the public to monitor their bank deposits, especially if it has illegal transactions,” Ravina said.
In a text message to the local media, Christine Sy, Bank of the Philippine Islands area manager, stated, “We have not received anything nor read what the specific complaint is about. Hence, I cannot comment on anything.”/PN
