2018 Mercantile Law, Q18

Through various acts of graft and bribery, Mayor Ycasiano accumulated a large amount of wealth which he converted into U.S. dollars and deposited in a Foreign Currency Deposit Unit (FCDU) account with the Yuen Bank (YB). On a tip given by the secretary of the mayor, the Anti-Money Laundering Council (AMLC) sent an order to YB to confirm the amount of U.S. dollars that Mayor Ycasiano had in his FCDU account. YB claims that, under the Foreign Currency Deposit Act (R.A. No. 6426, as amended), a written permission from the depositor is the only instance allowed for the examination of FCDU accounts. YB alleges that AMLC on its own cannot order a banking institution to reveal matters relating to bank accounts.
(a) Is the legal position of YB, in requiring written permission from the depositor, correct? (2.5%)
(b) Does AMLC have the power to order a banking institution to reveal matters relating to bank accounts? (2.5%)

Quick check

Under Republic Act Number 6426, what is the general rule regarding the confidentiality of foreign currency deposits in the Philippines?

Under Section 11 of the Anti-Money Laundering Act, when may the AMLC inquire into bank deposits without a court order?

Why is Yuen Bank legally correct in requiring written consent or a court order before disclosing Mayor Ycasiano's FCDU account?

Which judicial court possesses authority to issue a bank inquiry order upon ex parte application by the AMLC?

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Which statutes govern the confidentiality of foreign currency deposits and the AMLC's bank inquiry authority in the Philippines?

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1. Foreign Currency Secrecy
Under Republic Act Number 6426, as amended (Foreign Currency Deposit Act), foreign currency deposits in the Philippines are strictly confidential and exempt from examination, attachment, or garnishment. The statutory absolute confidentiality of foreign currency deposits can only be waived upon the explicit written permission of the depositor, or pursuant to specific statutory exceptions established under the Anti-Money Laundering Act.

2. Bank Inquiry Order
Under Section 11 of the Anti-Money Laundering Act of 2001 (Republic Act Number 9160), as amended, the Anti-Money Laundering Council cannot independently examine bank accounts without obtaining a court order from the Court of Appeals upon ex parte application. The AMLC may inquire into bank accounts without a court order only when the predicate offense involves kidnapping for ransom, hijacking, illegal drug offenses, murder, destructive arson, or terrorism.

3. Graft and Bribery
Graft, corruption, and bribery are predicate offenses under the Anti-Money Laundering Act, but they do not fall within the narrow statutory exceptions that allow ex parte bank inquiry without a judicial order. Consequently, when investigating bank accounts allegedly containing funds derived from graft and bribery, the Anti-Money Laundering Council must obtain a prior bank inquiry order from the Court of Appeals before requiring a banking institution to disclose account details.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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