CHINA BANKING CORPORATION v.

COURT OF APPEALS
(265 SCRA 327 December 18, 2006)
Ponente: Chico-Nazario, J.

Facts:
The case stems from a complaint for a recovery of sums of money and annulment of
sales of real property and shares of stocks filed by Gotianuy against his son-in-law and his
daughter. Gotianuy accused his daughter of stealing his properties. His daughter obtained the
amounts through checks issued by Citybank naming her as a co-payee of Gotianuy, Gotianuy
died during the pendency of the case and was substituted by his other daughter Elizabeth. The
lower court held that the disclosure of the name only of a dipositor does not constitute a
violation of R.A. 1405. The CA affirms the decision of the lower court.

Issue:
Whether or not the petitioner can validly invoke the Bank Secrecy Law to prevent the
disclosure.

Ruling:
No. All things considered and in view of the distinctive circumstances attendant to the
present case, the Court was constrained to render a limited pro hac vice ruling. Clearly, it was
not the intent of the legislature when it enacted the law on secrecy on foreign currency deposits
to perpetuate injustice. This court is of the view that the allowances of the inquiry would be in
accord with the rudiments of fair play, the upholding of fairness in our judicial system and would
be an avoidance of delay and time-wasteful and circuitous way of administering justice.