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QUASI-JUDICIAL/ADJUDICATORY (In General) unconstitutional examination of its bank accounts by public respondent Anti-Money

Subido Pagente Certeza Mendoza and Binay Law Offices vs. Court of Appeal Laundering Council (AMLC), SPCMB undertook direct resort to this Court via this
G.R. No. 216914. December 6, 2016. petition for certiorari and prohibition on the following grounds that the he Anti-
Ponente: PEREZ, J. Digest Author: FABI Money Laundering Act is unconstitutional insofar as it allows the examination of a
bank account without any notice to the affected party:
DOCTRINE: Same; Same; Due Process; Section 11 of the Anti-Money Laundering Act (AMLA),  (1) It violates the person's right to due process; and
authorizing a bank inquiry court order, cannot be said to violate Subido Pagente Certeza  (2) It violates the person's right to privacy.
Mendoza & Binay Law Firm’s (SPCMB’s) constitutional right to procedural due process.—
Plainly, the AMLC’s investigation of money laundering offenses and its determination of
ISSUE: W/N AMLC is exercising quasi-judicial functions and thus violates SPCMB’s constitutional
possible money laundering offenses, specifically its inquiry into certain bank accounts allowed
right to procedural due process.
by court order, does not transform it into an investigative body exercising quasi-judicial
powers. Hence, Section 11 of the AMLA, authorizing a bank inquiry court order, cannot be said
RULING+RATIO:
to violate SPCMB’s constitutional right to procedural due process.
NO.
Anti-Money Laundering Council; Jurisdiction; Nowhere from the text of the law nor its
Implementing Rules and Regulations (IRR) can we glean that the Anti-Money Laundering
Nowhere from the text of the law nor its Implementing Rules and Regulations can we glean
Council (AMLC) exercises quasi-judicial functions whether the actual preliminary
that the AMLC exercises quasi-judicial functions whether the actual preliminary investigation
investigation is done simply at its behest or conducted by the Department of Justice (DOJ)
is done simply at its behest or conducted by the Department of Justice and the Ombudsman.
and the Ombudsman.—Nowhere from the text of the law nor its IRR can we glean that the
AMLC exercises quasi-judicial functions whether the actual preliminary investigation is done
Court had occasion to rule on the functions of an investigatory body with the sole power of
simply at its behest or conducted by the Department of Justice and the Ombudsman. Again, we
investigation: [Such a body] does not exercise judicial functions and its power is limited to
hark back to Secretary of Justice v. Lantion, 322 SCRA 160 (2000), citing Ruperto v. Torres,
investigating facts and making findings in respect thereto.
where the Court had occasion to rule on the functions of an investigatory body with the sole
power of investigation: [Such a body] does not exercise judicial functions and its power is
The Court laid down the test of determining whether an administrative body is exercising
limited to investigating facts and making findings in respect thereto. The Court laid down the
judicial functions or merely investigatory functions: Adjudication signifies the exercise of
test of determining whether an administrative body is exercising judicial functions or merely
power and authority to adjudicate upon the rights and obligations of the parties before it.
investigatory functions: Adjudication signifies the exercise of power and authority to
Hence, if the only purpose for investigation is to evaluate evidence submitted before it based
adjudicate upon the rights and obligations of the parties before it. Hence, if the only purpose
on the facts and circumstances presented to it, and if the agency is not authorized to make a
for investigation is to evaluate evidence submitted before it based on the facts and
final pronouncement affecting the parties, then there is an absence of judicial discretion and
circumstances presented to it, and if the agency is not authorized to make a final
judgment.
pronouncement affecting the parties, then there is an absence of judicial discretion and
judgment.
As carved out in Shu, the AMLC functions solely as an investigative body in the instances
mentioned in Rule 5.b.26 Thereafter, the next step is for the AMLC to file a Complaint with
FACTS:
either the DOJ or the Ombudsman pursuant to Rule 6.b.
 In 2015, a year before the 2016 presidential elections, reports of disproportionate
wealth of then VP Binay and his family, some of whom were likewise elected public
Plainly, the AMLC’s investigation of money laundering offenses and its determination of
officers. The Office of the Ombudsman and the Senate conducted investigations
possible money laundering offenses, specifically its inquiry into certain bank accounts allowed
and inquiries thereon.
by court order, does not transform it into an investigative body exercising quasi-judicial
 From various news reports announcing the inquiry into then VP Binay's bank
powers.
accounts, including accounts of members of his family, petitioner Subido Pagente
Certeza Mendoza & Binay Law Firm (SPCMB) was most concerned with the article
Hence, Section 11 of the AMLA, authorizing a bank inquiry court order, cannot be said to
published in the Manila Times on 25 February 2015 entitled "Inspect Binay Bank
violate SPCMB’s constitutional right to procedural due process.
Accounts".
 the Manila Times published another article entitled, "CA orders probe of Binay 's
DISPOSITION:
assets" reporting that the appellate court had issued a Resolution granting the ex-
petition is DENIED. Section 11 of Republic Act No. 9160, as amended, is declared
parte application of the AMLC to examine the bank accounts of SPCMB.
VALID and CONSTITUTIONAL.
 Forestalled in the CA thus alleging that it had no ordinary, plain, speedy, and
adequate remedy to protect its rights and interests in the purported ongoing