In Civil Case No. 5409, the BCWD is asking for P32,848,294.35 in actual damages and P16 million in other damages and fees.
The case, filed last Dec. 18, is pending in the sala of Butuan Regional Trial Court Judge Francisco Maclang.
The BCWD also filed a complaint against officers of the rural bank with the city prosecutor’s office last Dec. 23 for alleged violation of Republic Act 1405 (Bank Secrecy Law) as amended.
Named respondents were Joseph Omar Andaya, president; Rufa Suan, vice president for operations; Grace Guanco, head of treasury; and Marie Tiu Huan, treasury staffer, all of the Rural Green Bank of Caraga Inc.
The BCWD, led by general manager Anselmo Sang Tian, said the respondents appeared to have signed the garnishment vouchers dated April 15, 2003 with the corresponding checks (Nos. 2003-00000951 and 2003-00000952) issued to the BIR Revenue District Office No. 103 in this city.
Both cases arose from what BCWD alleged to be the unauthorized and unlawful surrender of its deposits to the local BIR office, in the total amount of P7,560,045.86.
The BCWD appointed the Rural Green Bank of Caraga Inc. as one of its authorized collecting agents through a board resolution on May 11, 2000.
To further its ties with the bank, the BCWD propped up its deposits in piecemeal amounts, to account for the needed equity contribution to Phase II of the Comprehensive Water Supply System Project.
In February last year, the local BIR revenue district office issued warrants of garnishment to all banks in Butuan City and a warrant of distraint and/or levy against the goods, chattels or effects and other property of whatever character, and the real property and interest in or rights to real property of BCWD, to cover its supposed tax liabilities.
On April 21, 2003, the court issued an injunctive writ enjoining, prohibiting and restraining the BIR revenue district and its officers, lawyers and employees or any persons acting on their behalf from enforcing any warrant of distraint and/or levy and warrants of garnishment on the BCWD’s goods, chattels or effects and bank deposits.