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In the following manner, to wit: the said accused being then employed as Micro Finance Unit Supervisor and Loans Bookkeeper, respectively of Siam Bank, Inc.-Iligan Branch and authorized to collect and receive payments of loans, did collect and receive payments from the bank's borrowers or.

Tupag (Tupag her supervisor.5cralawred Sometime in 2001, Siam Bank conducted an audit investigation of its loan transactions for the period December 1, 2000 to June 15, 2001, and thereby found out that fraud and certain irregularities attended the same. Specifically, it discovered the non-remittance of.

They were likewise ordered to indemnify Siam Bank the total amount of P688,833.00 as actual damages.22cralawred. In so ruling, the RTC found that all the elements of the crime charged have been established, to wit: ( a ) that any goods or other personal property.

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Thus, in a memorandum8 dated July 13, 2001, Siam Bank directed Benabaye to explain, among others, the discrepancies between the provisional receipts she had issued and the unremitted money involved. Likewise, Siam Bank made a final demand upon her to return the amount of the.

The RTC held that Tupag lost his remedy to appeal under Section 6, Paragraph 5, Rule 12030 of the Revised Rules on Criminal Procedure. Records of this case were then elevated to the CA.31cralawred The CA Ruling In a Decision32 dated August 31, 2011, the.

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Apparently dissatisfied with their explanations, Siam Bank terminated12 the employment of both Benabaye and Tupag and subsequently filed a criminal case for. Estafa before the Regional Trial Court of Iligan City, Branch 4 (RTC docketed as Crim. Case No. 9344, against them. On March 5.

Moreover, while Benabaye claimed that she remitted the provisional receipts and corresponding payments to Tupag, she however failed to show, through sufficient evidence, that Tupag actually received the same.37cralawred Benabaye moved for reconsideration,38 which the CA denied in a Resolution39 dated September 6, 2012, hence.

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