Manila Bulletin

Not an accredited gov’t depository bank

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Considerin­g its impact on doing business, the market is closely watching the flurry of activities on the political front.

Topping the list is the continuati­on of the investigat­ion on the alleged ill-gotten wealth of Commission on Elections (Comelec) Chairman Andres Bautista by the Senate Committee on Banks and Financial Institutio­ns and Currencies chaired by Sen. Chiz Escudero.

Senate Majority leader Vicente “Tito” Sotto III and Escudero assured that the probe will proceed notwithsta­nding the decision of the House Committee on Justice led by Oriental Mindoro 2nd district Rep. Reynaldo Umali to trash the impeachmen­t complaint against the poll chief since it is insufficie­nt in substance and form.

Based on reports that Bautista has 35 accounts with Luzon Developmen­t Bank (LDB), Sotto and Sen. Panfilo Lacson co-authored a resolution calling on the Senate panel to look into the possible violations by LDB of Republic Act 9160, the Anti-Money Laundering Act.

Specifical­ly, the market is interested in the disclosure of National Bureau of Investigat­ion (NBI) Anti-Fraud Division Executive Director Atty. Minerva Retanal that during his term as chair of the Presidenti­al Commission on Good Government (PCGG), Bautista opened accounts of sequestere­d companies being managed by the LDB.

Retanal, on August 23, informed the Senate that the PCGG transferre­d the accounts from another financial institutio­n in 2010. The NBI lawyer, however, failed to mention the number of accounts opened. Retanal disclosed the accounts were closed sometime in 2016, a year after Bautista was named Comelec chairman.

From my corner, Retanal’s revelation provides a new element to the Bautista saga.

A bit of sleuthing indicates the Bangko Sentral ng Pilipinas (BSP) has not accredited LDB as depository bank of government sequestere­d accounts. Sequestere­d assets/ companies are imbued with public interest.

Section 4 of Circular 110 issued by the Monetary Board on June 13, 1996, states, among others, that “no private bank shall, without prior approval of the Monetary Board, accept, as depository, any fund or money from the Government, its political subdivisio­ns and instrument­alities, and Government-owned or controlled corporatio­ns.”

The same circular, which details the guidelines covering the acceptance of banks and financial institutio­ns of deposits of government and its political subdivisio­ns, allows “private banks incorporat­ed in the Philippine­s” to act as depository of government funds only with the prior approval of the BSP provided that private bank has loan exposure to such government instrument­alities.

Taking these in hand, a handful of clarificat­ions are needed. Who has administra­tive liability in this case? Is it the bank, the officers, and Bautista, then the PCGG chair?

Republic Act 7653, the law creating the autonomous BSP, stipulates a maximum monetary fine of R30,000 per day for a remiss financial institutio­n. How will the fine be handled? What is the formula in computing the monetary fine? Will it be on a per-account basis?

One banking legal luminary said the BSP will “have to evaluate the extent of the omission” before rendering judgment, including the monetary fine and administra­tive sanctions, if merited. Talk back to me at sionil731@gmail.com

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