A complaint for violation of Bayanihan 1 and 2 has been filed by a German cab operator against a private bank for its "auto-closure" of the cab operator's bank account during the coronavirus disease (COVID-19) pandemic without prior notice.

Rolf Wiltschek, president of JRD Subic Transport Corp filed a complaint against the directors of the bank for allegedly violating Republic Act 11469 or the Bayanihan to Heal as One Act, and RA 11494 or the Bayanihan to Recover as One Act before the Makati City Prosecutor's Office.

In the 12-page complaint, Wiltschek said his company had an existing checking account with the bank that was being used in paying for the loan amortization of 30 Toyota Vios units mortgaged with a leasing company. Wiltschek said his company provided post-dated checks for the amortization.

JRDC Subic Transport Corp entered into a credit agreement with the leasing company to finance the purchase of 30 Toyota Vios Units. It was said in the complaint that pursuant to the Chattel Mortgage, they had to surrender the Certificate of Registration and official Receipts (OR/CR) of the 30 units to the leasing company.

Wiltschek said that due to the COVID-19 pandemic and consequent lockdowns and community quarantines imposed by the national government in March, they were forced to reduce their operations since they mainly operated in airport terminals which were then ordered closed during the Enhanced Community Quarantine (ECQ) in Luzon and the Modified ECQ (MECQ) in Metro Manila.

The company decided to file a Petition for Provisional Authority with the Land Transportation Franchising and Regulatory Board (LTFRB). The move was made by the company to have 50 of its tourist taxicab units which included the 30 Toyota Vios Units, to ply the streets of Metro Manila as regular white taxis for the duration to be set by LTFRB or until such restrictions from the Inter Agency Task Force (IATF) will be lifted to have regular flights in Ninoy Aquino International Airport (NAIA) Terminals 1, 2, and 3.

"A vital part of the requirements of the Petition with the LTFRB is that we, as petitioner, have to produce and to present during the final hearing before the LTFRB the original copies of the Certificate of Registration and Official Receipts (OR/CR) of authorized units included in the said petition," the complaint read.

Wiltschek said in the complaint that in order to comply with rules and regulations set forth by the LTFRB, they sent an email to the leasing company regarding their concern for the OR/CRs to be released temporarily so they can present these to the hearing date who replied by asking them to copy furnish the heads and managers of the bank for the submission of affidavit of undertaking and a cash bond in check worth P600,000 before they will endorse the OR/CRs of the units.

The German owner said that his company submitted the requirements to the office of the SBM Leasing which were accepted.

To their surprise however, according to the complaint, after one week of the submission of the required documents, the leasing company informed them that they decided not to release the ORs/CRs because they were "in default." Upon inquiry with the bank, they found out that their account was closed in July without prior notice. A bank certification was sent by the bank stating that the bank was "auto closed" with the reason that the "bank initiated due to Auto systems for closure of account" without giving any other information as to the cause.

Wiltschek said they had to abandon their petition with LTFRB and were forced to close operations while the drivers were placed on floating status.

The owner said they later sent a demand letter to the president of the bank which was received by a representative. The president replied by admitting closure of the account and apologizing for the inconvenience, offering to reopen the account by depositing P50,0000. The branch of the bank where their previous account was closed also sent an email offering to reopen the account.

The complaint stated that "without due consideration of the existing pandemic and relevant laws," the bank violated Bayanihan 1 and 2. It added that the bank's "arbitrary", "unwarranted" and "total disregard" of the provisions of the RAs is a clear violation.

Meanwhile in a joint counter-affidavit filed on Wednesday (March 17), by the respondents, they said that they vehemently deny all the accusations against them for being "false," "misleading," and "inaccurate."

The 14-page document stated that the complaint-affidavit "readily shows that there is absolutely no probable cause to justify an indictment" against them for the penal provisions of Bayanihan 1 and 2, as in fact "there is no criminal act" on the part of the respondents. It added that the complaint "should be dismissed outright for being a groundless and malicious suit intended to unjustly enrich the complainant".

A rejoinder will be filed next week by Wiltscheck's camp in reply to the counter-affidavit.