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Comia, A.T
FACTS:
- Jose Gotianuy accused his daughter Mary Margaret Dee of stealing, among
his other properties, US dollar deposits with Citibank N.A. amounting to not
less than P35,000,000.00 and US$864,000.00. Mary Margaret
Deereceived these amounts from Citibank N.A. through checks which she alle
gedly deposited at China BankingCorporation (China Bank). He likewise accused
his son-in-law, George Dee, husband of his daughter, MaryMargaret, of transferring
his real properties and shares of stock in George Dees name without any
consideration.Jose Gotianuy, died during the pendency of the case before the trial court.
He was substituted by his daughter,Elizabeth Gotianuy Lo. The latter presented the US
Dollar checks withdrawn by Mary Margaret Dee from his USdollar placement with Citibank.Upon motion of Elizabeth Gotianuy Lo, the trial court issued a subpoena to
Cristota Labios and Isabel Yap,employees of China Bank, to testify on the case.-China
Bank opposed.
TC:
-The disclosure is only as to the name or whose name the said fund is deposited is not violative of the
law
CA:
-Affirmed TC. The law protects only the deposit itself but not the name of depositor.
CBs Contention:
-Jose Gotianuy is not the owner of the questioned foreign currency deposit, thus, he
cannot invoke the aid of thecourt in compelling the disclosure of someone elses foreign currency
deposit.
ISSUE:
-Whether or not Jose Gotianuy as co payee of a foreign currency depositor in checks
deposited in the account of Mary Margaret Dee is a depositor.
HELD:
-The law provides that all foreign currency deposits authorized under Republic Act No. 6426, as
amended by Sec. 8,Presidential Decree No. 1246, Presidential Decree No. 1035, as well as foreign
currency deposits authorized under Presidential Decree No. 1034 are considered absolutely
confidential in nature and may not be inquired into. There
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More importantly, the Citibank checks readily demonstrate that the late Jose
Gotianuy is one of the payees of said checks.
Being a co-payeethereof, then he or his estate can be considered as a co-depositor of said checks.
Ergo, since thelate Jose Gotianuy is a co-depositor of the CBC account, then his
request for the assailedsubpoena is tantamount to an express permission of a
depositor for the disclosure of the name of the account holder.
15. Republic v. Eugenio, 545 SCRA 384 (2008)
FACTS:
-A series of investigation concerning the award of the NAIA 3 contracts to
PIATCO were undertaken by theOmbudsman and the compliance and Investigation Staff
(CIS) of Anti-Money Laundering Council.-The OSG wrote AMLC requesting the latters
assistance in obtaining more evidence to completely reveal thefinancial trail of corruption
surrounding the NAIA 3 Project.-The CIS conducted an intelligence database search on
the financial transactions of certain individuals involved inthe award, including
Pontaleon Alvarez who had been the chairman of the PBAC Technical committee, NAIA
3Project.-The search revealed that Alvarez maintained 8 bank accounts with 6 different banks.
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