B16

A.

Yes but only the garnishment of Mayor J’s account in Bank P shall be allowed. The garnishment of such
account does not violate he law. The prohibition against examination of or inquiry into a bank deposit
under Republic Act 1405 does not preclude its being garnished to insure satisfaction of a judgment.
Indeed there is no real inquiry in such a case, and if existence of the deposit is disclosed the disclosure is
purely incidental to the execution process.(PCIB vs CA)

However, with regard to Mayor J’s account in Bank D, such account cannot be subject to garnishment.
Under Section 8 of RA 6426, foreign currency deposits shall be exempt from attachment, garnishment,
or any other order or process of any court, legislative body, government agency or any administrative
body whatsoever.

B.

Yes but only on with Mayor J’s account on Bank P. Under the law, the court may issue an order of
examination or disclosure of information on deposits of such bank account in cases of bribery of public
officials. In this case, a bank inquiry order on the deposit account of Mayor J in Bank P may be issued
since he is charged with direct bribery. However, with regard to his account in Bank F, a bank inquiry
order cannot be issued in connection with such case filed against him.

B17

No. Under the law, the AMLC can only examine bank accounts without seeking prior court order in cases
of hijacking, kidnapping, murder, destructive arson, violation of dangerous drugs act and acts of
terrorism. In this case, the officials were charged with violation of Anti-Graft and Corrupt Practices act
which is not among the excepted case where court order for examination is not required.

B.

A court order of freezing the bank account of the accused public official can be issued upon the
application of AMLC, thru the OSG, a verified exparte petition before the Court
of Appeals. The CA should determine if probable cause exists that any monetary instrument or
property is in any way related to an unlawful activity as defined in under AMLA. It is solely the CA
which has the authority to issue a freeze order. It also has the exclusive jurisdiction to extend
existing freeze orders previously issued by the AMLC vis-à-vis accounts and deposits related to
money-laundering activities