In a five-page resolution, graft investigator Rogelio Ringpis said the suit filed by former Urban Bank assistant vice president Rene Colin Gray and bank tellers Marie Cecille Lopez and Besilda Pinto was plain harassment against the monetary officials.
"Gauging from available records, we are inclined to agree with the respondents’ observation that there was no basis for the coercion charges," Ringpis said.
BSP lawyers Norberto Capistrano and Russel Gerona were charged with coercion for allegedly forcing the complainants to sign affidavits which ran counter to their narration of events related to the closure of the bank on April 26, 2000.
The central bank’s general counsel Juan de Zuñiga and special investigation director Vicente Aquino were charged administratively for alleged neglect of duty. The suit, which was filed in September 2000, has yet to be ruled upon by the Ombudsman.
Ringpis, whose findings were approved by Ombudsman Aniano Desierto, said the BSP lawyers were "merely performing their assigned jobs," adding the respondents should not be blamed since the complainants did not sign the affidavits.
He said the unsigned statements prepared by the respondents were substantially the same as what was narrated by complainants, based on the counter-affidavits filed with the Department of Justice (DOJ).
"We are of the view that there is no cause to proceed criminally against Capistrano and Gerona. The narration of the complainants are not indicative of the elements or necessary ingredients of the crime of grave coercion," Ringpis said.
The DOJ filed charges of estafa and falsification of commercial documents against the Urban Bank workers for their alleged unlawful pre-termination of the P5-million account of San Miguel Corp. president Francisco Eizmendi Jr.
The Fortun, Narvasa and Salazar Law office, which represented the Urban bank workers, said De Zuñiga and Aquino should be held liable for failure to act promptly in connection with the "dishonest, immoral and deceitful conduct" of their subordinates Gerona and Capistrano.