The Office of the Ombudsman has indicted a former officer and a major stockholder of a closed bank, and a former examiner of the Bangko Sentral ng Pilipinas for direct bribery and corruption of public official. The respondents were also charged with violation of Section 3(e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
Charged were Mary Lou Apelo (former assistant manager of the BSP Supervision and Examination Department), and Fidel L. Cu and Carmelita B. Zate, major stockholder and former chairman/president of the closed BDB Bank, respectively. BDB Bank is a two-unit rural bank located in Legazpi City and placed under the receivership of the Philippine Deposit Insurance Corp. by the Monetary Board in December 2008.
The Ombudsman issued the indictment in response to the ruling of the Supreme Court dated Sept. 2, 2015 that reversed and set aside the Ombudsman’s Resolution in January 2012 and Order in October 2012 that found no probable cause to prosecute the respondents for graft and direct bribery. In its ruling, the Supreme Court found sufficient evidence to establish probable cause against respondents for said offenses. The PDIC filed in May 2013 a petition for certiorari with the Supreme Court questioning the Order of the Ombudsman.
Based on the complaint filed by PDIC, as Liquidator of the closed BDB Bank, before the Office of the Ombudsman, respondents Cu and Zate caused the unauthorized withdrawal of funds on three separate occasions from November 2006 to October 2007 of funds from BDB Bank aggregating P140,000.00 which was deposited to the payroll account of respondent Apelo as “professional fee.” These transactions were evidenced by copies of deposit slips.
In her affidavit, BDB Bank’s former cashier further disclosed that respondent Cu would always get advance information every time BSP officials would come to conduct an examination of the bank. This allowed Cu to prepare beforehand and bring cash to the bank’s vault to make it appear that the cash per the bank’s books and the actual cash count in the vault are reconciled. The complaint alleged that the amount given to Apelo was monetary consideration in exchange for the advance information that Apelo leaked to Cu and Zate. Apelo, in her capacity as bank examiner, conducted examinations at BDB Bank.
