SBD ACA Palma, JDA
SBD ACA Palma, JDA
SBD ACA Palma, JDA
Palma ACA-4
AEC 101
4. Coverage of secrecy of bank deposits (What are covered in the secrecy law?)
All deposits of whatever nature with banks or banking institutions in the Philippines including
investments in bonds issued by the Government of the Philippines.
From Section 2: “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 the litigation.”
(a) The Ombudsman has the power to issue subpoena and subpoena duces tecum, take testimony in any
investigation or inquiry, as well as examine and access bank accounts and records. The power of the
Ombudsman to subpoena deposit information of a government official may be exercised when the
following conditions concur:
(1) there must be a case pending before a court of competent jurisdiction;
(2) the account must be clearly identified;
(3) the inspection must be limited to the subject matter of the pending case; and
(4) the bank personnel and the account holder must be notified to be present during the
inspection.
(b) Bank deposits of a public official, his spouse and unmarried children may be taken into consideration
in the enforcement of Section 8 of The Anti-Graft and Corrupt Practices Act (Rep. Act No. 3019).
(c) Directors, officers, stockholders and related interests who contract a loan or any form of financial
accommodation with their bank or related bank are required to execute a written waiver of secrecy of
deposits.
(d) The Commissioner of Internal Revenue is authorized to inquire into bank deposit accounts in relation
to:
(1) an application for compromise of tax liability or a determination of a decedent’s
gross estate under The National Internal Revenue Code (Rep. Act No. 8424, as amended by
Rep. Act No. 10021); and (2) a request for tax information of specific taxpayers made by a
foreign tax authority pursuant to a tax treaty under The Exchange of Information on Tax
Matters Act of 2009 (Rep. Act No. 8424, as amended by Rep. Act No. 10021).
(e) The Anti-Money Laundering Council may be authorized to examine and inquire into bank deposits or
investments with banks or nonbank financial institutions –
(1) with court order, when there is probable cause that the deposits or investments are
related to an unlawful activity or a money laundering offense (Secs. 3[i] and 4 of Rep. Act
No. 9160); and
(2) without need of court order, when probable cause exists that a particular deposit or
investment with any banking institution is related to certain predicate crimes, such as
kidnapping for ransom, violation of the Comprehensive Dangerous Drugs Act, hijacking
and other violations under Republic Act No. 6235, destructive arson and murder (Sec. 11
of Republic Act No. 9160).
(h) The Court of Appeals, designated as a special court, may issue an order authorizing law enforcement
officers to examine and gather information on the deposits, placements, trust accounts, assets and
records in a bank or financial institution in connection with anti-terrorism case. (Rep. Act No. 9372)
(i) The Commission on Audit is authorized to examine and audit government deposits pertaining to the
revenue and receipts of, and expenditures or uses of funds and properties, owned or held in trust by, or
pertaining to, the Government or any of its subdivisions, agencies or instrumentalities, including
government-owned and controlled corporations with original charters. (See Art. IX-D, 1987 Constitution
and Pres. Dec. No. 1445)
(j) The Presidential Commission on Good Government, in the conduct of its investigations to recover ill-
gotten wealth accumulated by former President Ferdinand E. Marcos, his immediate family, relatives,
subordinates and close associates, may issue subpoenas requiring the attendance and testimony of
witnesses and/or the production of books, papers, contracts, records, statement of accounts and other
documents. (Sec. 3 [e], Exec. Order No. 1 [1986])