G.R. No. 255367 - BANCO DE ORO UNIBANK, INC., VS. THE PEOPLE OF THE PHILIPPINES, AND RUBY O. ALDA.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, Ruby, and at times, her boyfriend and co-­accused, Bungque, made several withdrawals in Dubai Dirham from the said Fast Card account in Dubai. [21] Being an international transaction, the same is registered or covered by International Switch Log. [22] At the end of the day, VISA, the global ATM network that is doing the switching for BDO, will summarize the transactions made and provide a daily settlement report. [23] Then, BDO pays VISA the amount indicated therein. [24] Later, BDO Transaction Banking Group that is in charge of authorizing payments for withdrawals from Fast Card accounts, noticed that Ruby's daily transactions involved millions of pesos which is remarkably not characteristic of a Fast Card account. [25] It prompted them to go to Dubai to investigate. [26] Estela, Head of the BDO Transaction Banking Group who was tasked to investigate anomalies and fraud transactions involving the products and services of BDO, declared that from March 2008 to November 2008, there was an over-­crediting of money to the Fast Card of Ruby. According to him, the amount of PHP 1,662,483.57 was the money actually reloaded/deposited in the Fast Card. [27] However, the total anomalous ATM transactions, which include the amount withdrawn as well as the corresponding service charge, amounted to PHP 64,123,974.42. [28] The Fast Card account of Ruby was used to withdraw an amount of PHP 62,461,490.85 which was beyond the actual amount deposited into the Fast Card. [29] When confronted with the fact of their receipt of the amount over-credited, and the demand for the return of the same, Ruby and Bungque voluntarily admitted the fact that they had conspired and actually carried out a plan to continuously withdraw large sums of money using the Fast Card of Ruby and devote the same for their own personal use. [30] Thereafter, Ruby executed a Deed of Dation in Payment dated October 22, 2008, wherein she voluntarily returned to BDO several properties including bank accounts, a Toyota Fortuner, insurance proceeds, a parcel of land, and memorial lots. [31] On the part of Bungque, on October 23, 2008, and upon his instructions, the amount of PHP 5,281,000.00 was deposited in BDO Angeles City as evidenced by a Transaction Slip dated October 23, 2008 showing on its face an annotation that it is for the payment of obligation by "S. Bungque" or for "Michael S. Bungque." [32] Nevertheless, both Ruby and Bungque were able to account for the amount of PHP 15,631,684.71 only and failed to account for the remaining over­-credited amount of PHP 46,829,806.14. [33] Hence, the suit for Estafa through Misappropriation under Article 315(1)(b), [34] of the Revised Penal Code was filed before the RTC of Makati City. On their part, Ruby and Bungque alleged that the RTC does not have jurisdiction over the case since the complained acts, i.e., withdrawal of the amounts, were made in an ATM in Dubai. [35] The withdrawal was approved in Dubai as the same was in dollars and n