crimpro - rule 112 cases

40
RULE 112 G. R. No. 174350 August 13, 2008 SPOUSES BERNYL BALANGAUAN & KATHERENE BALANGAUAN vs. THE HONORABLE COURT OF APPEALS, SPECIAL NINETEENTH (19 TH ) DIVISION, CEBU CITY & THE HONGKONG AND SHANGHAI BANKING CORPORATION, LTD. BALANGAUAN vs COURT OF APPEALS 562 SCRA 184 Status and Characteristics Meaning of Administrative Agency FACTS: Petitioner Katherene was a Premier Customer Services Representative (PCSR) of respondent bank, HSBC. As a PCSR, she managed the accounts of HSBC depositors with Premier Status. One such client and/or depositor handled by her was Roger Dwayne York (York). York maintained several accounts with respondent HSBC. Sometime in April 2002, he went to respondent HSBC's Cebu Branch to transact with petitioner Katherene respecting his Dollar and Peso Accounts. Petitioner Katherene being on vacation at the time, York was attended to by another PCSR. While at the bank, York inquired about the status of his time deposit in the amount of P2,500,000.00. The PCSR representative who attended to him, however, could not find any record of said placement in the bank's data base. York adamantly insisted, though, that through petitioner Katherene, he made a placement of the aforementioned amount in a higher-earning time deposit. York further elaborated that petitioner Katherene explained to him that the alleged higher-earning time deposit scheme was supposedly being offered to Premier clients only. Upon further scrutiny and examination, respondent HSBC's bank personnel discovered that: (1) on 18 January 2002, York pre-terminated a P1,000,000.00 time deposit; (2) there were cash movement tickets and withdrawal slips all signed by York for the amount of P1,000,000.00; and (3) there were regular movements in York's accounts, i.e., beginning in the month of January 2002, monthly deposits in the amount of P12,500.00 and P8,333.33 were made, which York denied ever making, but surmised were the regular interest earnings from the placement of the P2,500,000.00. It was likewise discovered that the above-mentioned deposits were 1

Upload: karen-abarra

Post on 17-Aug-2015

255 views

Category:

Documents


8 download

DESCRIPTION

Crimpro Rule 112 Cases

TRANSCRIPT

RULE 112G. R. No. 174350 August 13, 2008SPOUSES BERNYL BALANGAUAN & KATERENE BALANGAUAN vs. TE ONORABLE !OURTO" APPEALS, SPE!#AL N#NETEENT $1%T& '#(#S#ON, !EBU !#TY & TE ONGKONG AN' SANGA# BANK#NG !ORPORAT#ON, LT'.BALANGAUAN )s!OURTO"APPEALS5*2 S!RA184Status andCharacteristicsMeaning ofAdministrative Agency"A!TS+ PetitionerKatherene wasaPremierCustomerServices Representative (PCSR) ofrespondentan!"#S$C.%saPCSR"she mana&edtheaccountsof#S$CdepositorswithPremierStatus.'nesuch c(ient and)or depositor hand(ed *herwasRo&er+wa*ne,or!(,or!).,or! maintainedsevera(accountswithrespondent#S$C.Sometimein%pri(2--2"hewenttorespondent#S$C.sCeu$ranchtotransactwithpetitionerKatherenerespectin&his +o((ar and Peso %ccounts. PetitionerKathereneein&on vacationatthe time" ,or!wasattended to*anotherPCSR. /hi(e atthe an!" ,or!in0uired aoutthestatusofhistimedeposit intheamountofP2"1--"---.--.2hePCSR representativewho attendedtohim"however"cou(dnotfind an*recordofsaid p(acementinthean!.s data ase. ,or! adamant(*insisted"thou&h"thatthrou&hpetitionerKatherene"hemadeap(acementoftheaforementionedamountinahi&her3earnin&timedeposit.,or! further e(aoratedthat petitioner Katherene e4p(ainedtohim thatthea((e&edhi&her3earnin&timedepositschemewas supposed(*ein& offeredtoPremierc(ientson(*. Uponfurtherscrutin* and e4amination"respondent #S$C.san! personne(discoveredthat5(1)on167anuar*2--2",or!pre3terminatedaP1"---"---.--timedeposit8 (2)therewere cash movementtic!etsand withdrawa(s(ips a((si&ned* ,or!fortheamountofP1"---"---.--8and(9)therewerere&u(armovementsin,or!.saccounts"i.e."e&innin&inthemonthof7anuar*2--2"month(*depositsintheamountofP12"1--.--and P6"999.99were made"which,or! deniedever ma!in&"utsurmised werethe re&u(ar interest earnin&s from the p(acement of the P2"1--"---.--.:twas(i!ewisediscoveredthattheaove3mentioneddepositsweretransactedusin&petitionerKatherene.s computerand wor! stationusin& thecode orpersona(password;CE'6.; 2hesi&nificance of code;CE'6"; accordin& to the an! personne( of respondent#S$C"isthat" ;it ison(*