BACOLOD CITY, Philippines — A retiree from this city filed a complaint for damages against a bank (name withheld) after his deposits were allegedly withdrawn from his account while his bank records and checks were electronically falsified to cover up the allegedly fraud transactions.
Joemarie Sy claimed that the bank should pay him P21,755,525 in actual damages; P5 million in moral damages; P5 million in exemplary damages; P1 million litigation expenses plus attorney's fees equivalent to 15 percent of whatever amount recovered or paid as a result of the filing of the suit.
In his 16-page complaint-affidavit filed at the Bacolod Regional Trial Court on Monday, Sy alleged that the checks he had issued and his bank statements were not being returned or furnished to him after his retirement in December 2008.
Sy requested the management for his bank statements and checks, but the bank allegedly ignored his request. He pointed out that his funds on his ATM account were allegedly disappearing and his checks were bouncing.
He also complained to the bank about the disappearance of his deposits and had requested a review of the recordings from the CCTV camera to determine who was stealing from his account. This request was however allegedly ignored again.
Sy intentionally did not make any transactions from his account to confirm if someone else was siphoning his funds. He found out that withdrawals were still made from his account even if he did not touch his funds.
When he was in Iloilo City in January 2013, he tried making a transaction through his ATM, but the machine refused to complete the transaction because it showed that he only had P105 balance on his account, out of the millions he was supposed to have at the time.
Sy then sought the help of the Bangko Sentral ng Pilipinas to compel the bank to comply his request. The bank in turn furnished him with scanned copies of some of the checks that he allegedly issued, some of which were certified copies and the rest were photocopies.
Further, Sy requested the NBI to examine the signatures on the checks and it subsequently confirmed that the signatures were forged because these were not written by one and the same person.
Last January 14, Sy requested the bank to issue certified true copies of 68 checks, amounting to P5,189,453 but the bank allegedly ignored his request.
Sy wrote the president of the bank regarding his concern. Again, he was allegedly ignored. He said the bank, instead of investigating his complaint, slapped him with a civil case at the Makati RTC to collect a debt of P541,331 plus interests.
Sy further said the audit on his ATM account is still going on to this day.
Meanwhile, the bank's area manager, when reached for a reaction, refused to comment saying the bank has yet to receive the complaint from Sy. — (FREEMAN)