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the issuance of the checks was countered by private respondents by presenting
Catalino Reyes as a witness. Reyes, the accountant of Pioneer Business Forms, Inc.,
another business venture of Tom Pek, testified that the opening of Current Account No.
12-2009 and the issuance of the questioned checks were all upon the instructions of
petitioner. Reyes stated that he first met petitioner in January or February 1979 when
the latter was introduced to him by Tom Pek.[23] He and his fellow employees were
advised by Tom Pek to "personally help (Chiang Yia Min) in all his personal accounts."
[24] Reyes, in particular, was charged with working on the incorporation of Philippine
Color Scanning, a new business venture where petitioner will be the general manager.
[25] He also assisted petitioner when the latter applied for a change of visa from tourist
to special non-immigrant. Reyes testified that on the first week of February 1979,
petitioner asked him to pick up the US$100,000.00 which he caused to be remitted in
compliance with the capital requirements for foreign investors at Pacific Banking
Corporation.[26] Bringing with him the letter of advise from the bank, Reyes did as he
was told and the bank released to him a cashier's check representing the peso
equivalent of the US$100,000.00. Reyes then showed the check to petitioner and upon
the latter's instructions, he went to the Shaw Boulevard branch of respondent bank to
open a checking account in petitioner's name, using the proceeds of the check as initial
deposit.[27]
Reyes describes the opening of the current account as having been done in haste, since
petitioner was in a hurry to have the proceeds of the remittance credited to his
checking account.[28] Because Reyes was well-known to the officers and employees of
RCBC-Shaw Boulevard, he was allowed to bring out of the bank the application form,
depositor's card, and other forms which required petitioner's signature as depositor.[29]
He then filled out the forms,[30] and brought them to petitioner for signing. He
witnessed petitioner sign the forms.[31] Then he brought the signed forms, and
petitioner's passport, back to the bank, which approved the opening of the current
account upon a comparison of the signatures on the forms and the passport.[32]
The documentary evidence accurately supports Reyes's statements. Pacific Banking
Corporation confirmed receipt of the US$100,000.00 from Hang Lung Bank, Ltd. by
telegraphic transfer on February 7, 1979.[33] It had instructions to transmit the money
"to Rizal Commercial Banking Corporation, Head Office, for (the) account of Chiang Yia
Min";[34] however, the records also show that on February 8, 1979 Pacific Banking
Corporation released the money to petitioner by way of Cashier's Check No. DD
244955, representing the peso equivalent of the US$100,000.00, which check was in
turn presented before the Board of Special Inquiry of the Bureau of Immigration as
proof of petitioner's compliance with the requirements for change of status from tourist
to special non-immigrant, i.e., foreign investor.[35] On the same day, February 8, 1979,
Current Account No. 12-2009, in the name of Chiang Yia Min, was opened in RCBCShaw Boulevard with an initial deposit of P729,752.20, "representing proceeds of
inward remittance received from Pacific Banking Corporation."[36]
As established by the records, there were five issued checks: two made payable to
Papercon, and three made payable to cash (these three checks were all negotiated to
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