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MAYNILA, PILIPINAS
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,
I. STIPULATION OF FACTS
respondents in this case and as such, she has the right to confront any witness against her and to
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
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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;
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
exhibits, as follows:
1. Exhibit “1” - the Financial Statement of the Cooperative Bank of Zamboanga del Sur,
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
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Virginia Fe S. Real need to be produced under the coercive power of this Honorable Office
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.
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
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
additional evidence as the need arise during the trial of this administrative case on the merits.
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
2. Glenn L. Romanos and Marlon A. Luzon testifying on the facts and circumstances
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.
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
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By:
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
pre-marking of the following documentary exhibits which are hereto attached, to wit:
Exhibits Description
“6” to “6-B” Letter dated March 26, 2008, of Venancio A. Ferrer III for
respondent Tambolero, consisting of two (2) pages;
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
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 ……..
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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.
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
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 ……..
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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
Other relief and remedies consistent with the majesty of the law, justice, fair play and
RESPECTFULLY SUBMITTED, this 29th day of May, 2013, at Tubod, Lanao del
By:
Copy furnished:
6. FILE