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Friday, April 26, 2024

Makati court junks suit vs. Bank of Bangladesh

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The Makati regional trial court dismissed a defamation suit and demand for damages filed against the Bank of Bangladesh by Rizal Commercial Banking Corp.

Makati RTC Branch 142 Judge Rainald Paggao, in an order promulgated on June 30 and made available recently, dismissed the suit and granted a motion for reconsideration filed by the Bernas Law Office led by Atty. Jose Bernas, counsel of Bank of Bangladesh.

“The foregoing discussions inescapably lead to the conclusion that this court has no jurisdiction over the person of the defendant [Bangladesh Bank], nor will it ever have within the limits of the provisions of the present rules as regards summons and the service thereof” the court said.

The court also said “plaintiff’s notion that extraterritorial service of summons may be undertaken against Bangladesh Bank has no legal leg [to] stand on” as the court reconsidered its earlier orders dated July 19, 2019 and Oct. 18, 2020.

Aside from RCBC, another plaintiff was the bank’s national sales director Ismael Reyes who accused the Bangladeshi bank of having repeatedly “called for press conferences, repeatedly perpetrated injustice and have maligned, defamed and engaged in tortious conduct in the Philippines” shortly after the 2016 incident involving $81-million theft from the Bangladesh Bank.

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RCBC’s counsel in the case is Villaraza & Angangco law firm.

The Department of Justice filed anti-money laundering charges against five executives of Rizal Commercial Banking Corp. in connection with the $81-million cyber heist at the Bank of Bangladesh three years ago.

An RCBC branch manager was also found guilty of seven counts of violation of the Anti-Money Laundering Act.

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