Scribd
Upload
37 views

Banco Filipino Vs Purisima

This case discusses whether bank records can be subpoenaed as part of an investigation into alleged unexplained wealth of a government official in violation of anti-graft laws. The court ruled that while laws protect the secrecy of bank deposits, anti-graft laws explicitly allow such records to be considered notwithstanding other laws to prevent public officials from hiding ill-gotten wealth. Therefore, the subpoena of bank records in this case is valid and lawful.

Uploaded by

Krisha Faye
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
37 views

Banco Filipino Vs Purisima

This case discusses whether bank records can be subpoenaed as part of an investigation into alleged unexplained wealth of a government official in violation of anti-graft laws. The court ruled that while laws protect the secrecy of bank deposits, anti-graft laws explicitly allow such records to be considered notwithstanding other laws to prevent public officials from hiding ill-gotten wealth. Therefore, the subpoena of bank records in this case is valid and lawful.

Uploaded by

Krisha Faye
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

Banco Filipino vs Purisima

Issue: of whether or not the “Law on Secrecy of Bank Deposits"1 precludes production by subpoena
duces tecum of bank records of transactions by or in the names of the wife, children and friends of a
special agent of the Bureau of Customs, accused before the Tanodbayan of having allegedly acquired
property manifesty out of proportion to his salary and other lawful income, in violation of the “Anti-Graft
and Corrupt Practices Act;
Ruling: no,
“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.”

“Sec. 3. It shall be unlawful for any official or employee of a banking institution to disclose to
any person other than those mentioned in Section two hereof any information concerning said
deposits.”

The other provision involved in the declaratory action is Section 8 of R.A. No. 3019. It reads:

“Sec. 8. Dismissal due to unexplained wealth.—If in accordance with the provisions of


Republic Act Numbered One thousand three hundred seventy-nine, a public official has been
found to have acquired during his incumbency, whether in his name or in the name of other
persons, an amount of property and/or money manifestly out of proportion to this and to his
other lawful income, that fact shall be a ground for dismissal or removal. Properties in the
name of the spouse and unmarried children of such public official may be taken into
consideration, when their acquisition through legitimate means cannot be satisfactorily shown.
Bank deposits shall be taken into consideration in the enforcement of this section,
notwithstanding any provision of law to the contrary.”

While Republic Act No. 1405 provides that bank deposits are ‘absolutely confidential x x and
[therefore] may not be examined, inquired or looked into,’ except in those cases enumerated therein,
the Anti-Graft Law directs in mandatory terms that bank deposits ‘shall be taken into 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 deposits.

The power of the Tanodbayan to issue subpoenae ad testificandum and subpoenae duces tecumat the
time in question is not disputed, and at any rate does not admit of doubt.The subpoenae issued by him,
will be sustained against the petitioner’s impugnation

You might also like