BANCO FILIPINO

V
PURISIMA
G.R. No. L-56429 May 28, 1988

by Heather Lunar
FACTS
Caturla, special agent of the Bureau of Customs, was accused by
BIR before the Tanodbayan of having allegedly acquired property
manifestly out of proportion to his salary and other lawful income,
in violation of the “Anti-Graft and Corrupt Practices Act.”
PRELIMINARY INVESTIGATION
Tanodbayan issued a subpoena
duces tecum to the Banco Filipino
Savings & Mortgage Bank.

It commanded its representative

to appear at the Office of the
Tanodbayan and furnish the latter
with duly certified copies of the
records of the loans, savings and
time deposits and other banking
transactions appearing in the
names of Caturla, his wife, their
children and friends.
 1 2

Tanodbayan Caturla
issued a subpoena duces tecum to the Banco Filipino moved to quash the subpoena duces tecum arguing
Savings & Mortgage Bank, commanding its that compliance therewith would result in a
representative to appear at the Office of the violation of Sections 2 and 3 of the Law on Secrecy
Tanodbayan and furnish the latter with duly certified of Bank Deposits. Then Tanodbayan not only denied
copies of the records of the loans, savings and time the motion for lack of merit, and directed
deposits and other banking transactions appearing in compliance with the subpoena, but also expanded
the names of Caturla, his wife, their children and its scope through a second and third subpoena
friends . duces tecum,

FACTS
Lunar, Heather

Banco Filipino
BF Bank took over from Caturla in the
effort to nullify the subpoenae.

It filed a complaint for declaratory relief with

the CFI of Manila, praying for a judicial
declaration as to whether its compliance
with the subpoenae duces tecum would
constitute an infringement of the provisions
of Sections 2 and 3 of R.A. No. 1405 in
relation to Section 8 of R.A. No. 3019. It also
asked that pending final resolution of the
question, the Tanodbayan be provisionally
restrained from exacting compliance with
the subpoenae.
 Hon. Judge
FIDEL PURISIMA

RESPONDENT

issued an Order denying for lack of merit the application

by BF Bank for a preliminary injunction and/or
restraining order.
 ORDER
This Order is now impugned in the instant
certiorari action instituted by BF Bank
before this Court, as having been issued
with grave abuse of discretion,
amounting to lack of jurisdiction.
Lunar, Heather Banking

whether or not the

“Law on Secrecy of
Bank Deposits”
precludes production
by subpoena duces
ISSUE tecum of bank records
of transactions by or in
the names of the wife,
children and friends of
the accused
 R.A. NO. 1405
SUBJECT OF BF’S
DECLARATORY ACTION
Sec. 2. All deposits of whatever nature with banks or banking
institutions in the Philippines including investments in bonds issued by
the Government of the Philippines, its political subdivisions and its
instrumentalities, are hereby considered as of an absolutely
confidential nature and may not be examined, inquired or looked into
by any person, government official, bureau or office, EXCEPT upon
written permission of the depositor, or in cases of impeachment, or
upon order of a competent court in cases of bribery or dereliction of
duty of public officials, or in cases where the money deposited or
invested is the subject matter of litigation.
JURISPRUDENCE Philippine National Bank
v. Gancayco

upheld the judgment of the Trial Court “sustaining the

power of the defendants (special prosecutors of the
Department of Justice) to compel the disclosure (by
PNB) of bank accounts of ACCFA Administrator Jimenez
(then under investigation for unexplained wealth), .. (it
being ruled) that, by enacting section 8 of the Anti-Graft
and Corrupt Practices Act, Congress clearly intended to
provide an additional ground for the examination of
bank deposits ..
 Lunar, Heather Banking

… while Republic Act No. 1405 provides that bank

deposits are “absolutely confidential .. and
[therefore] may not be examined, inquired or
looked into,” except in those cases enumerated
therein, the Anti-Graft Law directs in mandatory
Anti-Graft Law terms that bank deposits “shall be taken into

R.A. No. 3019 consideration in the enforcement of this section,

notwithstanding any provision of law to the
contrary.” The only conclusion possible is that
section 8 of the Anti-Graft Law is intended to
amend section 2 of Republic Act No. 1405 by
providing an additional exception to the rule
against the disclosure of bank desposits.
Cases of unexplained wealth are similar to cases of
bribery or dereliction of duty and no reason is seen
why these two classes of cases cannot be excepted
from the rule making bank deposits confidential.

This policy expresses the notion that a public office is a

public trust and any person who enters upon its discharge
does so with the full knowledge that his life, so far as
relevant to his duty, is open to public scrutiny.
 01. WRITTEN PERMISSION
When there is a written permission of the depositor or investor

02. IMPEACHMENT CASES

In cases of impeachment

EXCEP 03. BRIBERY OR DERELICTION

Upon the order of a competent court in cases of bribery or dereliction
of duty of public officials

TIONS 04. LITIGATION

Upon the order of a competent court in cases where the money
deposited or invested is the subject of litigation

05. ANTI GRAFT AND CORRUPTION CASES

Upon order of the competent court or tribunal in cases involving
unexplained wealth under RA 3019, or the Anti-Graft and Corrupt
Practices Act.
 06. ESTATE OF DECEASED DEPOSITOR
Upon inquiry by the Commissioner of BIR for the purpose of
determining the net estate of a deceased depositor

07. MONEY LAUNDERING

Upon the order of a competent court or in proper cases by the AMLC
where there is probable cause of money laundering and in some

EXCEP
instances even without court order

08. DORMANT DEPOSITS

Disclosure to the Treasurer of the Philippines for dormant deposits for
at least 10 years under the Unclaimed Balances Act (RA 3936)

TIONS 09. SUSPICIOUS TRANSACTIONS

Report of banks to AMLC of covered and/or suspicious transactions

10. TERRORISM CASES

Upon order of the CA, examination by law enforcement officers in
terrorism cases under the Human Security Act of 2007 (RA 9372)
 11. BANK FRAUD
Examination is made in the course of a special or general
examination of bank and is specifically authorized by the
Monetary Board after being satisfied that there is
reasonable ground to believe that a bank fraud or

EXCEP
serious irregularity has been or is being committed and
that is necessary to look into the deposit to establish
such fraud or irregularity

TIONS 12. AUDIT BY THE BANK

Examination is made by an independent auditor hired by
the bank to conduct its regular audit provided that the
examination is for audit purposes only and the results
thereof shall be for the exclusive use of the bank
THANK YOU