EN BANC

[G.R. No. 200238. February 9, 2012.]

NOTICE

Sirs/Mesdames :

Please take notice that the Court en banc issued a Resolution dated February 9,
2012, which reads as follows:
"G.R. No. 200238 (Philippine Savings Bank and Pascual M. Garcia III, as
representative of Philippine Savings Bank and his personal capacity vs. Senate
Impeachment Court consisting of the Senators of the Republic of the Philippines, acting as
Senator Judges, namely Juan Ponce Enrile, Jinggoy Ejercito Estrada, Vicente C. Sotto III,
Alan Peter S. Cayetano, Edgardo J. Angara, Joker P. Arroyo, Pia S. Cayetano, Franklin M.
Drilon, Francis G. Escudero, Teo sto Guingona III, Gregorio B. Honasan II, Pan lo M.
Lacson, Manuel M. Lapid, Loren B. Legarda, Ferdinand R. Marcos, Jr., Sergio R. Osmeña III,
Kiko Pangilinan, Aquilino Pimentel III, Ralph G. Recto, Ramon Revilla, Jr., Antonio F. Trillanes
IV, Manny Villar, and the Honorable Members of the Prosecution Panel of the House of
Representatives.). — Acting on the Special Civil Actions for Certiorari and Prohibition with
application for temporary restraining order and/or writ of preliminary injunction, the Court
resolves to:
(a) REQUIRE the respondents to COMMENT on the petition NOT LATER
THAN ten (10) days from receipt hereof; and
(b) ISSUE A TEMPORARY RESTRAINING ORDER in the petition, enjoining
the respondents from implementing the Subpoena Ad Testi candum
et Duces Tecum , dated February 6, 2012, issued by the Senate sitting
as an Impeachment Court against the Branch Manager (and/or An
Authorized Representative competent to testify on the matter herein
stated), PSBANK, Katipunan Branch.
Rule 57, Section 3 enumerates the ground for issuance of a writ of
preliminary injunction:
Section 3. Grounds for issuance of preliminary injunction. — A
preliminary injunction may be granted when it is established:

(a) That the applicant is entitled to the relief demanded, and the
whole or part of such relief consists in restraining the commission or
continuance of the act or acts complained of, or in requiring the
performance of an act or acts, either for a limited period or perpetually;

(b) That the commission, continuance or non-performance of

the act or acts complained of during the litigation would probably work
injustice to the applicant; or

(c) That a party, court, agency or a person is doing, threatening,

or is attempting to do, or is procuring or suffering to be done, some act or
acts probably in violation of the rights of the applicant respecting the
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 subject of the action or proceeding, and tending to render the judgment
ineffectual.
There are two requisite conditions for the issuance of a preliminary
injunction:

(1) the right to be protected exists prima facie, and

(2) the acts sought to be enjoined are violative of that right. It

must be proven that the violation sought to be prevented would cause an
irreparable injustice.

A clear right to maintain the con dentiality of the foreign currency deposits
of the Chief Justice is provided under Section 8 of Republic Act No. 6426,
otherwise known as the Foreign Currency Deposit Act of the Philippines (RA
6426). This law establishes the absolute con dentiality of foreign currency
deposits: 1

Section 8. Secrecy of foreign currency deposits. — All foreign

currency deposits authorized under this Act, as amended by PD No. 1035,
as well as foreign currency deposits authorized under PD No. 1034, are
hereby declared as and considered of an absolutely con dential nature
and, except upon the written permission of the depositor, in no instance
shall foreign currency deposits be examined, inquired or looked into by any
person, government o cial, bureau or o ce whether judicial or
administrative or legislative, or any other entity whether public or private;
Provided, however, That said 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. (As amended by PD No. 1035, and further amended by PD No.
1246, prom. Nov. 21, 1977.)
Under R.A. No. 6426 there is only a single exception to the secrecy of
foreign currency deposits, that is, disclosure is allowed only upon the written
permission of the depositor. 2 In Intengan v. Court of Appeals , 3 the Court ruled
that where the accounts in question are U.S. dollar deposits, the applicable law is
not Republic Act No. 1405 but RA 6426. Similarly, in the recent case of
Government Service Insurance System v. 15th Division of the Court of Appeals , 4
the Court also held that RA 6426 is the applicable law for foreign currency
deposits and not Republic Act No. 1405. In ruling that Westmont Bank cannot be
compelled to disclose the dollar deposits of Domsat Holdings, Inc., the Court
ruled:

These two laws both support the con dentiality of bank deposits.
There is no con ict between them. Republic Act No. 1405 was enacted for
the purpose of giving encouragement to the people to deposit their money
in banking institutions and to discourage private hoarding so that the
same may be properly utilized by banks in authorized loans to assist in the
economic development of the country. It covers all bank deposits in the
Philippines and no distinction was made between domestic and foreign
deposits. Thus, Republic Act No. 1405 is considered a law of general
application. On the other hand, Republic Act No. 6426 was intended to
encourage deposits from foreign lenders and investors. It is a special law
designed especially for foreign currency deposits in the Philippines. A
general law does not nullify a speci c or special law. Generalia specialibus
non derogant. Therefore, it is beyond cavil that Republic Act No. 6426
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 applies in this case. 5

The written consent under RA 6426 constitutes a waiver of the depositor's

right to privacy in relation to such deposit. 6 In the present case, neither the
prosecution nor the Impeachment Court has presented any such written waiver by
the alleged depositor, Chief Justice Renato C. Corona. Also, while impeachment
may be an exception to the secrecy of bank deposits under RA 1405, it is not an
exemption to the absolute con dentiality of foreign currency deposits under RA
6426.

Other cited authorities shall follow in the separate concurring and dissenting
opinions the Justices will file."
Concurring — JJ. De Castro, Brion, Bersamin, Abad, Villarama, Perez, Mendoza and
Reyes — the Separate Concurring Opinions to follow; Dissenting — JJ. Carpio, Peralta, Del
Castillo, Sereno and Bernabe — the Separate Dissenting Opinions to follow; Inhibiting —
Chief Justice Corona and Justice Velasco.

Very truly yours,

ENRIQUETA E. VIDAL
Clerk of Court

ATTACHMENT
EN BANC
G.R. No. 200238
TEMPORARY RESTRAINING ORDER

PHILIPPINE SAVINGS BANK and PASCUAL M. GARCIA III, as representative of Philippine

Savings Bank and his personal capacity, petitioners, vs. SENATE IMPEACHMENT COURT,
consisting of the Senators of the Republic of the Philippines, acting as Senator Judges, namely
Juan Ponce Enrile, Jinggoy Ejercito Estrada, Vicente C. Sotto III, Alan Peter S. Cayetano, Edgardo
J. Angara, Joker P. Arroyo, Pia S. Cayetano, Franklin M. Drilon, Francis G. Escudero, Teo sto
Guingona III, Gregorio B. Honasan II, Pan lo M. Lacson, Manuel M. Lapid, Loren B. Legarda,
Ferdinand R. Marcos, Jr., Sergio R. Osmeña III, Kiko Pangilinan, Aquilino Pimentel III, Ralph G.
Recto, Ramon Revilla, Jr., Antonio F. Trillanes IV, Manny Villar, and the Honorable Members of the
Prosecution Panel of the House of Representatives, respondents.
FOR:HON. JUAN PONCE ENRILE (x)
HON. JINGGOY EJERCITO ESTRADA (x)
HON. VICENTE C. SOTTO III (x)
HON. ALAN PETER S. CAYETANO (x)
HON. EDGARDO J. ANGARA (x)
HON. JOKER P. ARROYO (x)
HON. PIA S. CAYETANO (x)
HON. FRANKLIN M. DRILON (x)
HON. FRANCIS E. ESCUDERO (x)
HON. TEOFISTO GUINGONA III (x)
HON. GREGORIO B. HONASAN II (x)
HON. PANFILO M. LACSON (x)
HON. MANUEL M. LAPID (x)
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 HON. LOREN B. LEGARDA (x)
HON. FERDINAND R. MARCOS, JR. (x)
HON. SERGIO R. OSMEÑA III (x)
HON. KIKO PANGILINAN (x)
HON. AQUILINO PIMENTEL III (x)
HON. RALPH G. RECTO (x)
HON. RAMON REVILLA, JR. (x)
HON. ANTONIO F. TRILLANES IV (x)
HON. MANNY VILLAR (x)

SENATE IMPEACHMENT COURT

Respondent

Senate Building
GSIS Headquarters

Financial Center, Roxas Blvd., Pasay City

PROSECUTION PANEL OF THE
HOUSE OF REPRESENTATIVES (x)

Respondent
Constitution Hills
Quezon City
GREETINGS :

WHEREAS, the Supreme Court, on February 9, 2012, adopted a resolution in the above-entitled
case, to wit:

"G.R. No. 200238 (Philippine Savings Bank and Pascual M. Garcia III, as representative of
Philippine Savings Bank and his personal capacity vs. Senate Impeachment Court consisting of
the Senators of the Republic of the Philippines, acting as Senator Judges, namely Juan Ponce
Enrile, Jinggoy Ejercito Estrada, Vicente C. Sotto III, Alan Peter S. Cayetano, Edgardo J. Angara,
Joker P. Arroyo, Pia S. Cayetano, Franklin M. Drilon, Francis G. Escudero, Teo sto Guingona III,
Gregorio B. Honasan II, Pan lo M. Lacson, Manuel M. Lapid, Loren B. Legarda, Ferdinand R.
Marcos, Jr., Sergio R. Osmeña III, Kiko Pangilinan, Aquilino Pimentel III, Ralph G. Recto, Ramon
Revilla, Jr., Antonio F. Trillanes IV, Manny Villar, and the Honorable Members of the Prosecution
Panel of the House of Representatives.). — Acting on the Special Civil Actions for Certiorari and
Prohibition with application for temporary restraining order and/or writ of preliminary injunction,
the Court resolves to:

(a) REQUIRE the respondents to COMMENT on the petition NOT LATER THAN
ten (10) days from receipt hereof; and
(b) ISSUE A TEMPORARY RESTRAINING ORDER in the petition, enjoining the
respondents from implementing the Subpoena Ad Testi candum et Duces
Tecum, dated February 6, 2012, issued by the Senate sitting as an
Impeachment Court against the Branch Manager (and/or An Authorized
Representative competent to testify on the matter herein stated), PSBANK,
Katipunan Branch.
Rule 57, Section 3 enumerates the ground for issuance of a writ of
preliminary injunction:
CD Technologies Asia, Inc. 2018 cdasiaonline.com
 Section 3. Grounds for issuance of preliminary injunction. — A
preliminary injunction may be granted when it is established:
(a) That the applicant is entitled to the relief demanded, and the
whole or part of such relief consists in restraining the commission or
continuance of the act or acts complained of, or in requiring the
performance of an act or acts, either for a limited period or perpetually;
(b) That the commission, continuance or non-performance of
the act or acts complained of during the litigation would probably work
injustice to the applicant; or
(c) That a party, court, agency or a person is doing, threatening,
or is attempting to do, or is procuring or suffering to be done, some act or
acts probably in violation of the rights of the applicant respecting the
subject of the action or proceeding, and tending to render the judgment
ineffectual.

There are two requisite conditions for the issuance of a preliminary

injunction:

(1) the right to be protected exists prima facie, and

(2) the acts sought to be enjoined are violative of that right. It
must be proven that the violation sought to be prevented would cause an
irreparable injustice.
A clear right to maintain the con dentiality of the foreign currency deposits
of the Chief Justice is provided under Section 8 of Republic Act No. 6426,
otherwise known as the Foreign Currency Deposit Act of the Philippines (RA
6426). This law establishes the absolute con dentiality of foreign currency
deposits: 1
Section 8. Secrecy of foreign currency deposits. — All foreign
currency deposits authorized under this Act, as amended by PD No. 1035,
as well as foreign currency deposits authorized under PD No. 1034, are
hereby declared as and considered of an absolutely con dential nature
and, except upon the written permission of the depositor, in no instance
shall foreign currency deposits be examined, inquired or looked into by any
person, government o cial, bureau or o ce whether judicial or
administrative or legislative, or any other entity whether public or private;
Provided, however, That said 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. (As amended by PD No. 1035, and further amended by PD No.
1246, prom. Nov. 21, 1977.)
Under R.A. No. 6426 there is only a single exception to the secrecy of
foreign currency deposits, that is, disclosure is allowed only upon the written
permission of the depositor. 2 In Intengan v. Court of Appeals , 3 the Court ruled
that where the accounts in question are U.S. dollar deposits, the applicable law is
not Republic Act No. 1405 but RA 6426. Similarly, in the recent case of
Government Service Insurance System v. 15th Division of the Court of Appeals , 4
the Court also held that RA 6426 is the applicable law for foreign currency
deposits and not Republic Act No. 1405. In ruling that Westmont Bank cannot be
compelled to disclose the dollar deposits of Domsat Holdings, Inc., the Court
CD Technologies Asia, Inc. 2018 cdasiaonline.com
 ruled:

These two laws both support the con dentiality of bank deposits.
There is no con ict between them. Republic Act No. 1405 was enacted for
the purpose of giving encouragement to the people to deposit their money
in banking institutions and to discourage private hoarding so that the
same may be properly utilized by banks in authorized loans to assist in the
economic development of the country. It covers all bank deposits in the
Philippines and no distinction was made between domestic and foreign
deposits. Thus, Republic Act No. 1405 is considered a law of general
application. On the other hand, Republic Act No. 6426 was intended to
encourage deposits from foreign lenders and investors. It is a special law
designed especially for foreign currency deposits in the Philippines. A
general law does not nullify a speci c or special law. Generalia specialibus
non derogant. Therefore, it is beyond cavil that Republic Act No. 6426
applies in this case. 5
The written consent under RA 6426 constitutes a waiver of the depositor's
right to privacy in relation to such deposit. 6 In the present case, neither the
prosecution nor the Impeachment Court has presented any such written waiver by
the alleged depositor, Chief Justice Renato C. Corona. Also, while impeachment
may be an exception to the secrecy of bank deposits under RA 1405, it is not an
exemption to the absolute con dentiality of foreign currency deposits under RA
6426.
Other cited authorities shall follow in the separate concurring and dissenting opinions the
Justices will file."
NOW, THEREFORE, effective immediately and continuing until further order from this
COURT, the Respondents, your agents, representatives, or persons acting in your place or stead,
are hereby ENJOINED from enforcing or implementing the Subpoena Ad Testi candum et Duces
Tecumdated February 6, 2012, issued by the Senate sitting as an Impeachment Court.
Given by the Supreme Court of the Philippines, this 9th day of February 2012. Concurring
— JJ. De Castro, Brion, Bersamin, Abad, Villarama, Perez, Mendoza and Reyes — the Separate
Concurring Opinions to follow; Dissenting — JJ. Carpio, Peralta, Del Castillo, Sereno and Bernabe
— the Separate Dissenting Opinions to follow; Inhibiting — Chief Justice Corona and Justice
Velasco.
Very truly yours,

ENRIQUETA E. VIDAL
Clerk of Court

Footnotes
1.Joy Stephanie C. Tajan, Emerging from Secrecy Space: From Bank Secrecy to Financial
Transparency. 55 ATENEO L.J. 447, 456 (2010).
2.G.R. No. 128996, February 15, 2002, 337 SCRA 63, 74.
3.Ibid.
4.G.R. No. 189206, June 8, 2011, 651 SCRA 661.

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 5.Id. at 676.

6.Supra note 1.
ATTACHMENT
1.Joy Stephanie C. Tajan, Emerging from Secrecy Space: From Bank Secrecy to Financial
Transparency. 55 ATENEO L.J. 447, 456 (2010).
2.G.R. No. 128996, February 15, 2002, 337 SCRA 63, 74.
3.Ibid.
4.G.R. No. 189206, June 8, 2011, 651 SCRA 661.

5.Id. at 676.
6.Supra note 1.

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