People of the Philippines vs.

Belen Gutierrez, Nicanor Gutierrez, Grace Buencamino & Shirley

Maribel Gutierrez
Criminal Case no. 2021-4499 & 2021-4500
(RTC, Br. 87, Rosario, Batangas/DOJ, Manila)

Nature of Action:
Violation of section 21(f) of RA 3591 as amended by RA 9302 & 9576

Asset/Amount Involved:
PHP 3,830,813.09

Summary of Allegations:
 Petitioners filed a complaint against the defendants ang alleged therein by conspiring,
confederating, and mutually helping one another, with unfaithfulness and or abuse of
confidence and taking advantage of their positions as the Chairperson of the BOD, member
of the BOD and assistant cashier of RB Taysan, respective did then and there, willfully and
unlawfully and feloniously misappropriate, convert and divert for their own personal
benefit and advantage funds solicited from the general public in the form of deposits of RB-
Taysan by unlawfully taking money from the bank aggregating to PHP3,830,813.09 to the
damged and prejudiced of RB Taysan
 From 2012 to 2014, defendant Belen B. Gutierrez former chairperson of the BOD of RB
Taysan & Nicanor Guttierez, former member of the Bank’s BOD, made several and
unauthorized withdrawals from the RB Taysan
 To cover up the unauthorized advances, defendants made it appear that the depositors
made withdrawals from the bank when in truth and in fact they did not by “Replication of
certificates of deposits or the printing of replica-certificates and having these replica
certificates stamped “paid” or forging withdrawal slips.
 A resolution was issued on January 25, 2017, in which the prosecutor’s office recommended
that 2 counts of Violation of section 21(f) of RA 3591 as amended by RA 9302 & 9576 be
filed against the defendants

Case Theory:
Violation of section 21(f) of RA 3591 as amended by RA 9302 & 9576

Status of the Case:

 The defendants moved for the quashal of the information, since the information does not
alleged the facts therein which do no constitute the offense of “conducting business in an
unsafe or unsound manner.
 The PDIC entered its appearance on March 7, 2022
 On April 8, 2022, the issued an order resolving the motion to quash by denying on the
ground for lack of merit, since the test of sufficiency of information whether it enables a
person of common understanding to know the charge against him, and the court to render
judgment properly. The purpose is to allow the accused to fully prepare for his defense,
precluding surprises during trial for which the accused was charged.
 On June 19, 2023 a Pre-trial order was issued, marking of exhibits and stipulation as well as
witnesses were offered and made.
 Trial dates for the prosecution was scheduled on October 9, November 13, 2023, then
February 12, March 11, and April 22, 2024 at 1:30pm
 The last file on record is a motion to appear via video-conference and consent to file
pleadings and other court submission through online filing dated October 12, 2023

Estimated cost of handling the case and other related legal expenditure:
PHP 100,000.00 for pleadings and motions, and PHP 15,000 for appearance fee, and other
related expenditure for hotel accommodation and food allowance.

Evaluation of the Viability of the Case:

Viable

Recommendation:
Continue trial. Prosecute the offenders and if there’s a settlement proposal on their part,
consider the possibility of settlement plus litigation expenses.

2nd MCTC Taysan-Lobo, Batangas

Contact No.: +63 917 712 0698
Email Address: mctc2tyl000@judiciary.gov.ph / Taysanlobo@gmail.com