Cashier faces qualified theft
CEBU, Philippines - The Cebu City Prosecutor’s Office indicted a former branch cashier of China Bank- F. Ramos Branch in F. Ramos Street, Cebu City for qualified theft.
Prosecutor Anna Lou Cavada ruled that Annabelle Damalerio had an intent to gain, without the knowledge of the owner, and took P236,000 belonging to the China Bank Corporation.
Damalerio filed a motion for reconsideration but this was denied.
“Finding no cogent reason to modify, reverse or alter the original resolution, I hereby recommend that the motion be denied for lack of merit,” Cavada stated.
Cavada said there was a probable cause that Damalerio did take the money.
“I find no reason to disturb the findings in the assailed resolution. It is evident that respondent did not present defenses that were not raised in her counter-affidavit which were already tackled by me in her original resolution,” Cavada ruled.
Cavada added that the complainant, Isabel Yap, branch manager of China Bank was able to prove the presence of all elements of qualified theft. The money inside the vault was lost upon audit.
According to Yap, Damalerio is entrusted with the very sensitive duty of having the custody of all funds and money inside the bank’s cash vault.
Yap said on May 12, 2009 four internal auditors from China Bank’s Cebu Regional audit office conducted an annual audit of their office.
When the audit was on-going, Yap alleged that Damalerio approached her to say she used P200,000. This led Yap to approach the members of the audit team.
But when the audit was completed, the auditors found the total amount of money lacking was P236,000.
Yap and their lawyers, as well as Damalerio, went to the police station to report the incident.
On May 13, Damalerio admitted she took money on separate occasions. This was contained in her response to a memorandum issued to her by Henry Sia, China Bank’s area head.
But Damalerio, in her counter-affidavit submitted to the prosecutor’s office, said someone else had access to the vault. She said there were times when she, the roving teller, branch tellers and other employees would get inside the vault.
Damalerio said she wrote the explanation to the complainant out of fear of losing her job and her retirement benefits.
She argued that her alleged written admission should not have been taken into consideration since she wrote the letter when she was in distress and was not in control of her senses and without the presence of counsel. (FREEMAN)
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