'PH Bank Secrecy Laws Strictest in The World Along With Lebanon
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jealousmistress'PH Bank Secrecy Laws Strictest in The World Along With Lebanon
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jealousmistress'PH bank secrecy laws strictest in the
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The Bank Secrecy Law
REPUBLIC ACT No. 1405
AN ACT PROHIBITING DISCLOSURE OF OR
INQUIRY INTO, DEPOSITS WITH ANY BANKING
INSTITUTION AND PROVIDING PENALTY
THEREFOR.
Approved: September 9, 1955
Rationale of 1405
The law was enacted to give encouragement to the
people to deposit their money in banking institutions
and discourage private hoarding so that the same may
be utilized by banks in authorized loans to assist in the
economic development of the country.
Absolute Confidentiality of Bank Deposits and
Investments in Government Bonds
All deposits of whatever nature in banks or banking
institutions in the Philippines and investments in
government bonds are absolutely confidential in nature.
(Sec. 2, Rep. Act No. 1405)
INVESTMENTS IN
DEPOSITS GOVERNMENT BONDS
refer to money or funds placed with
refer to investments in bonds
a bank that can be withdrawn on
the depositor’s order or demand, issued by the Government of the
such as deposit accounts in the form Philippines, its political
of savings, current and time subdivisions and its
deposits. 1 Deposits are
characterized as being in the nature instrumentalities. Government
of a simple loan. The placing of bonds are debt securities which
deposits in a bank creates a creditor-
debtor relationship between the are unconditional obligations of
depositor and the bank. As such, the the State, and backed by its full
bank, being the debtor, has the taxing power. Government
obligation to pay a certain sum of
money to the depositor, being the bonds include treasury bills,
creditor. treasury notes, retail treasury
bonds, dollar linked peso notes,
and other risk-free bonds.3
The General Banking Law
prohibits bank directors, officers, employees or
agents from disclosing to any unauthorized person,
without order of a competent court, any information
relative to funds or properties belonging to private
individuals, corporations, or any other entity in the
custody of the bank. (Sec. 55[b], Rep. Act No. 8791)
The Thrift Banks Act and the Rural Banks Act
likewise prohibit any bank officer, employee or agent
from disclosing any information on such funds or
properties. (Sec. 21[a][2], Rep. Act No. 7906 & Sec.
26[a][2], Rep. Act No. 7353)
Prohibited Acts and Persons Liable
The following are liable under this law:
i. Any person or government official who, or any government bureau or
office that, examines, inquires or looks into a bank deposit or government
bond investment in any of the instances not allowed in Section 2;
ii. Any official or employee of a banking institution who makes a disclosure
concerning bank deposits to another in any instance not allowed by law
(Sec. 3, Rep. Act No. 1405); and
iii. Any person who commits a violation of any of the provisions of the law
(Sec. 5, Rep. Act No. 1405).
Any bank official, director, employee or agent who discloses information
relative to funds or properties in the custody of the bank may also be held
liable under the applicable provisions of the General Banking Law, Thrift
Banks Act and Rural Banks Act.
Instances when Confidentiality of
Bank Deposits is Not Absolute
Bank deposits and investments in government bonds
may be examined, inquired or looked into under
limited exceptions in Republic Act No. 1405 and in
other laws.
(i) Exceptions under the Law on Secrecy
of Bank Deposits
Section 2 of Republic Act No. 1405 provides that bank deposits and government bond investments may
be examined, inquired and looked into in the following instances:
a) Upon written permission or consent in writing by the depositor. For consent to be valid, it should
be made knowingly, voluntarily and with sufficient awareness of the relevant circumstances and
likely consequences.
b) In cases of impeachment of the President, Vice President, members of the Supreme Court,
members of the Constitutional Commission (Commission on Elections, Civil Service Commission
and Commission on Audit) and the Ombudsman for culpable violation of the Constitution,
treason, bribery, graft and corruption, other high crimes or betrayal of public trust. (Art. XI, Sec. 2,
1987 Philippine Constitution)
c) Upon order of a competent court in cases of bribery5 or dereliction of duty of public officials.
d) In cases where the money deposited or invested is the subject matter of the litigation. The money
deposited should be the very thing in dispute. (Mellon Bank, N.A. v. Magsino, 190 S.C.R.A. 633
[1990])
Jurisprudence Interpreting Exceptions
Plunder is analogous to bribery. The exception in the
law that is applicable in bribery also applies to
plunder. The overt or criminal acts as described in
Section 1(d) of Republic Act No. 7080 would make
the similarity between plunder and bribery even
more pronounced since bribery is essentially
included among these criminal acts. (Ejercito v.
Sandiganbayan, 509 S.C.R.A. 190 [2006])
Jurisprudence Interpreting Exceptions
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.
(Phil. National Bank v. Gancayco, 122 Phil. 503
[1965])
BIR: INVESTMENTS ARE NOT SUBJECT TO THE
BANK SECRECY LAW, ONLY BANK DEPOSITS AND
GOVERNMENT SECURITIES
Not covered by the bank secrecy law are investments
which are not bank deposits or government securities
such as corporate bonds, purchases of shares of stocks,
purchases of receivables of business, and purchases of
foreign exchange.
