Bangko Sentral Ng Pilipinas

MAYNILA, PILIPINAS

OFFICE OF THE GENERAL COUNSEL AND LEGAL SERVICES

Supervised Banks Complaints Evaluation Group

IN RE: ADMINISTRATIVE COMPLAINT

AGAINST

VENANCIO A. FERRER III, LEAH CHARITO T.

TAMBOLERO, and VIRGINIA FE S. REAL,
Former chairman, director/vice chairman/treasurer
and manager of COOPERATIVE BANK
OF ZAMBOANGA DEL SUR, INC.
x------------------------------------/

Administrative Case No. 2010-028

For: Violation of Subsection 55.1(a) of
of R.A. No 8791, I n relation to Section
56.3 of R.A. No. 8791 and Section 37
of R.A. No. 7653

PRELIMINARY CONFERENCE BRIEF

COMES NOW respondent LEAH CHARITO T. TAMBOLERO, in the above-entitled

administrative case, by undersigned counsel and to this Honorable Office of the General Counsel

and Legal Services (Supervised Banks Complaints Evaluation Group) of the Bangko Sentral Ng

Pilipinas, most respectfully submits her Preliminary Conference Brief, and in support hereof,

most respectfully represents: - That –

I. STIPULATION OF FACTS

1. Respondent LEAH CHARITO T. TAMBOLERO admits her identity as one of the

respondents in this case and as such, she has the right to confront any witness against her and to

adduce evidence, if necessary, in her favor and in her behalf;

2. She admits with qualification that she was then a member of the board of directors of

the Cooperative Bank of Zamboanga del Sur, Inc., and at the same time she was likewise

designated as its treasurer in title or name only to comply with the list of set of officers. She,
Preliminary Conference Brief
For Respondent Tambolero
X==============/ - PAGE 2 -

however, admits and confirms that her co-respondents, namely, Venancio A. Ferrer III and

Virginia Fe S. Real were the then Chairman of the Board and Manager, respectively, of the said

cooperative bank;

3. Respondent LEAH CHARITO T. TAMBOLERO begs to clarify her stance, in so far

as paragraphs 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 under Stipulation of Facts of the OSI’s

Preliminary Conference Brief are concerned. And for this purpose, and at all times material to

this case, she hereby adopts in Toto as integral parts hereof, all her allegations set forth in the

“Special and Affirmative Defenses” of her “Sworn Answer” to the instant administrative case

against her, original copies of which are already on file with this Honorable Office. However, for

its convenience and ready reference, and to avoid being repetitious on her part, respondent herein

most respectfully submits machine copies of her said “Sworn Answer” embodying her “Special

and Affirmative Defenses” aforementioned, being hereto attached as Annex “A”;

II. DOCUMENTS TO BE MARKED AS EXHIBITS

Respondent LEAH CHARITO T. TAMBOLERO intends to mark her documentary

exhibits, as follows:

1. Exhibit “1” - the Financial Statement of the Cooperative Bank of Zamboanga del Sur,

Incorporated. This is in the possession of co-respondent VIRGINIA FE S. REAL in her capacity

as then manager of the said cooperative bank. In this connection, the coercive process of this

Honorable Office may be resorted to in the interest of justice, in order to cause the production of

the said financial statement, by issuing subpoena duces tecum and ad testificandum for

respondent Real to testify and bring along with her the said document.

2. Exhibit “2” - the books of Cooperative Bank of Zamboanga del Sur, Inc. (CBZDSI)

containing relevant recording (specifically alleged by respondent herein in her said “Sworn

Answer with Special and Affirmative Defenses” found at paragraph 10, page 4 thereof). Under

the best evidence rule, the said books of CBZDSI which are in the custody of the manager
Preliminary Conference Brief
For Respondent Tambolero
X==============/ - PAGE 3 -

Virginia Fe S. Real need to be produced under the coercive power of this Honorable Office

through the issuance of a subpoena duces tecum to the party concerned.

3. Exhibit “3” - Sworn Affidavit made under oath of Glenn L. Romanos dated June 13,
2011.

4. Exhibit “4” - Sworn Affidavit made under oath of Marlon A. Luzon dated June 13,
2011.

5. Exhibit “5” - Certification issued by Virginia Fe S. Real in her capacity as Manager of

CBZDSI re: capital infusions and loan grants which are the subject of inquiry in connection with

this case under consideration. This piece of a document is already an integral part of the original

record of this case, now on file with this Honorable Office.

6. Exhibit “6” - Letter dated 20 April 2010, of respondent Virginia Fe S. Real

evidencing her admission over said capital infusion, the same being already an integral part of

the original record of this case, now on file with this Honorable Office.

7. Exhibit “7” - Letter dated 26 March 2008, of respondent Venancio A. Ferrer III

showing his knowledge and cooperation concerning the said capital infusions and loan grants,

the same likewise being already an integral part of the original record of this case, now on file

with this Honorable Office.

Respondent LEAH CHARITO T. TAMBOLERO further reserves her right to present

additional evidence as the need arise during the trial of this administrative case on the merits.

III. MAIN ISSUE

Whether or not Respondent LEAH CHARITO T. TAMBOLERO is administratively

liable in this case.

Preliminary Conference Brief
For Respondent Tambolero
X==============/ - PAGE 4 -

1V. LAWS APPLICABLE

Respondent herein jointly adopts that pertinent provisions of the Manual of Regulations

for Banks, Republic Act No. 8791 and Republic Act No. 7653 apply in the instant case, to

include the Rule on Evidence, as well as pertinent provisions of the Civil Code on the principles

of good faith.

V. WITNESSES TO BE PRESENTED

1. Venancio A. Ferrer III and Virginia Fe S. Real, both as hostile witnesses, to show

that their participation and involvement in this case under consideration was the product of their

conspiracy, mutual cooperation and scheme that will only bind them jointly to the exclusion of

respondent LEAH CHARITO T. TAMBOLERO.

2. Glenn L. Romanos and Marlon A. Luzon testifying on the facts and circumstances

set forth in their respective sworn affidavit made under oath.

Respondent LEAH CHARITO T. TAMBOLERO also reserves her right to present other

witnesses or testimonial evidence should the need arise as the proceedings of this case progress.

VI. PROPOSAL TO USE MODES OF DISCOVERY

Resort to the modes of discovery procedure is appropriate to expedite the proceedings of

this case, and in order to avoid surprises and technicalities.

VII. TRIAL DATES

The parties herein may agree on the trial dates most convenient and favorable to them.

RESPECTFULLY SUBMITTED, this 11th day of June, 2012, at Tubod, Lanao del
Preliminary Conference Brief
For Respondent Tambolero
X==============/ - PAGE 5 -

Norte, for Ozamiz City, Philippines.

OPAY and OPAY LAW OFFICE & ASSOCIATES

Poblacion, Tubod, Lanao del Norte

By:

Atty. FLORENDO B. OPAY

Senior Partner
Counsel for Respondent Tambolero
Roll No. __________
IBP No.________________________
MCLE Compliance No. _______________________
 Bangko Sentral Ng Pilipinas
MAYNILA, PILIPINAS

OFFICE OF THE GENERAL COUNSEL AND LEGAL SERVICES

Supervised Banks Complaints Evaluation Group

IN RE: ADMINISTRATIVE COMPLAINT

AGAINST

VENANCIO A. FERRER III, LEAH CHARITO T.

TAMBOLERO, and VIRGINIA FE S. REAL,
Former chairman, director/vice chairman/treasurer
and manager of COOPERATIVE BANK
OF ZAMBOANGA DEL SUR, INC.
x------------------------------------/

Administrative Case No. 2010-028

For: Violation of Subsection 55.1(a) of
of R.A. No 8791, I n relation to Section
56.3 of R.A. No. 8791 and Section 37
of R.A. No. 7653

COMPLIANCE with POSITION PAPER

COMES NOW respondent LEAH CHARITO T. TAMBOLERO, in the above-entitled

administrative case, by undersigned counsel and to this Honorable Office of the General Counsel

and Legal Services (Supervised Banks Complaints Evaluation Group) of the Bangko Sentral Ng

Pilipinas, in compliance with the Preliminary Conference Order dated April 22, 2013, copy of

which was received by her only on May 9, 2013, most respectfully submits this Compliance with

Position Paper, and in support hereof, most respectfully avers: - That -

I. DOCUMENTS MARKED FOR RESPONDENT TAMBOLERO

During the aforementioned Preliminary Conference, respondent Tambolero caused the

pre-marking of the following documentary exhibits which are hereto attached, to wit:

Exhibits Description

Exhibit “1” to “1-H” Sworn Answer of Respondent Tambolero consisting of

eight (8) pages;
COMPLIANCE with POSITION PAPER
For Respondent Tambolero ……..
X=================/ - PAGE 2 -

“1-I” to “1-I-1” Affidavit of Leah Charito T. Tambolero consisting of

two (2) pages as annex to her Sworn Statement dated
July 5, 2010;

“2” to “2-A” Affidavit dated June 13, 2011, of Glenn L. Romanos

annexed to the Answer;

“3” to “3-A” Affidavit dated June 13, 2011, of Marlon A. Luzon

annexed to the Answer;

“4” Certification dated December 5, 2007 issued by Virginia

Fe S. Real;

“5” Letter dated April 20, 2010, of respondent Virginia Fe S.

Real;

“6” to “6-B” Letter dated March 26, 2008, of Venancio A. Ferrer III for
respondent Tambolero, consisting of two (2) pages;

“7” Reservation for Financial Statement of CBZDSI covering

2007-2010.

II. FACTS OF THE CASE

Insofar as it relates to the stance of respondent Tambolero, being at all times material to

her legal innocence and non-involvement of the offense, as charged, the facts of this case may be

briefly shown as follows:

She wrote a letter dated September 24, 2007, only as her mere report to the BSP that a

fresh capital in the total amount of Three Million Six Hundred Thousand Pesos (Php3.6 million),

as of September 24, 2007, was infused by various primary cooperatives to CBZDSI which she

totally relied upon, by reason of the action previously taken by its Manager, co-respondent

Virginia Fe S. Real and its Chairman, co-respondent Venancio A. Ferrer III. She (respondent

Tambolero) has no actual participation, neither has she any involvement therein nor any part

whatsoever regarding the said infusion. She only signed that letter as a mere treasurer in name

only, having been manipulated by the aforementioned co-respondents who took advantage of her

being utilized as an accommodation party wherein she had done her part in all good faith

thinking all along that it was good for a bank, most especially that the same was under
COMPLIANCE with POSITION PAPER
For Respondent Tambolero ……..
X=================/ - PAGE 3 -

rehabilitation process by the BSP.

For this purpose, and to avoid being repetitious, the Sworn Answer dated June 17, 2011,

of respondent Leah Charito T. Tambolero, consisting of eight (8) pages (Exhibit “1” to “1-H”

hereof) is hereby adopted in Toto to form parts of the facts of this case for her defense.

III. ISSUE

Whether or not on the basis solely of the existence of her letter dated September 24,

2007, of which she has no knowledge whatsoever of the alleged imaginary infusion which was

engineered by co-respondents Virginia Fe S. Real and Venancio A. Ferrer III, would make

respondent Leah Charito T. Tambolero also administratively liable in violation of the pertinent

provisions of banking laws, more particularly, Section 55.1(a) of R.A. No. 8791 in relation to

Section 56.3 of R.A. No. 8791 and Section 37 of R.A. No. 7653.

IV. BRIEF DISCUSSION

With all due respect, the afore-cited provisions of law do not squarely apply against

herein respondent Tambolero for she did not connive, scheme, much less, conspire nor contrive

with respondents Virginia Fe S. Real and Venancio A. Ferrer III in the anomalous

management of CBZDSI. Authentic record based on documentation elaborately shown in

Exhibits “1” to “1-H” hereof, obviously points out specific persons, namely, respondents

Virginia Fe S. Real and Venancio A. Ferrer III who altogether violated the afore-cited banking

laws, without any iota of participation or involvement on the part of respondent Tambolero. The

rule on evidence is so basic, in that, the acts or omissions of respondents Virginia Fe S. Real

and Venancio A. Ferrer III do not bind herein respondent Tambolero. True, in her letter dated

September 24, 2007, she reported to the BSP that a fresh capital in the total amount of Three

Million Six Hundred Thousand Pesos (Php3.6 million), as of September 24, 2007, was infused

by various primary cooperatives to CBZDSI. But, as explained earlier, she totally relied upon
COMPLIANCE with POSITION PAPER
For Respondent Tambolero ……..
X=================/ - PAGE 4 -

such alleged infusion in all good faith with noble intentions not knowing that a scheme was

already arranged beforehand by its Manager, co-respondent Virginia Fe S. Real and its

Chairman, co-respondent Venancio A. Ferrer III. She did not actually participate, neither did

she involve herself therein nor take any part whatsoever regarding the said imaginary infusion.

As already alluded to, she only signed that letter as a mere treasurer in name only, having been

manipulated by the aforementioned co-respondents who took advantage of her being utilized as

an accommodation party. Indeed, she was herself a victim of the Manager and Chairman of

CBZDSI by reason of their unscrupulous acts. The Financial Statement of CBZDSI covering

2007-2010, which is still in the possession of respondent Virginia Fe S. Real, if produce under

coercive legal process and considering that this is also a reserved item of documentary exhibit

for respondent Tambolero, will also bear out the latter’s innocence on the matter.

PRAYER

WHEREFORE, in view of all the foregoing, with the submission of this Compliance and

Position Paper, it is most respectfully prayed of this Honorable Office that judgment be rendered

dismissing the case as against respondent Leah Charito T. Tambolero, and to determine the

liability/ies of both respondents Virginian Fe S. Real and Venancio A. Ferrer III in accordance

with the law and evidence.

Other relief and remedies consistent with the majesty of the law, justice, fair play and

equity under the premises are likewise prayed for.

RESPECTFULLY SUBMITTED, this 29th day of May, 2013, at Tubod, Lanao del

Norte, for Ozamiz City, Philippines.

OPAY and OPAY LAW OFFICE

& ASSOCIATES
Poblacion, Tubod, Lanao del Norte
COMPLIANCE with POSITION PAPER
For Respondent Tambolero ……..
X=================/ - PAGE 5 -

By:

Atty. FLORENDO B. OPAY

Senior Partner
Counsel for Respondent Tambolero
Roll No. __________
IBP No.________________________
MCLE Compliance No. _______________________

Copy furnished:

1. Atty. RUSSELL I. GERONA

Legal Officer IV
Office of Special Investigation
Bangko Sentral ng Pilipinas
Room 302, Multi-Storey Building
Malate, Manila – Reg.

2. Atty. MICHAEL R. CUCIO

Legal Officer IV
Office of Special Investigation
Bangko Sentral ng Pilipinas
Room 302, Multi-Storey Building
Malate, Manila – Reg.

3. Atty. FLAVIO P. CORDERO, JR.

Counsel for Respondent Ferrer
Paoay, Ipil, Zamboanga del Sur – Reg.

4. Ms. VIRGINIA FE S. REAL

O79 Duterte Street, Pagadian City
Zamboanga del Sur 7016 – Reg.

5. Mr. VENACIO FERRER III

Poblacion Ipil, Zamboanga Sibugay 7001 – Reg.

6. FILE