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Bank Records Subpoena in Graft Case

Manuel Caturla, a customs special agent, is accused of violating the Anti-Graft and Corrupt Practices Act for acquiring property disproportionate to his salary. As part of the investigation, the Tanodbayan issued a subpoena for Caturla's banking records as well as those of his wife, children, and friend. Caturla argued the subpoena violated the law on secrecy of bank deposits. However, the court ruled that the inquiry can extend to property held by or recorded under other persons to prevent hiding illegally acquired assets. Restricting the inquiry only to the government official would make it too easy to evade investigation and prosecution.

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76 views1 page

Bank Records Subpoena in Graft Case

Manuel Caturla, a customs special agent, is accused of violating the Anti-Graft and Corrupt Practices Act for acquiring property disproportionate to his salary. As part of the investigation, the Tanodbayan issued a subpoena for Caturla's banking records as well as those of his wife, children, and friend. Caturla argued the subpoena violated the law on secrecy of bank deposits. However, the court ruled that the inquiry can extend to property held by or recorded under other persons to prevent hiding illegally acquired assets. Restricting the inquiry only to the government official would make it too easy to evade investigation and prosecution.

Uploaded by

mary6joyce6tarun
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

Facts:

Customs special agent Manuel Caturla is accused by the Bureau of Internal Revenue of having violated
R.A. No. 3019 of the "Anti-Graft and Corrupt Practices Act" for having allegedly acquired property
manifestly out of proportion to his salary and other lawful income. In the course of the preliminary
investigation thereof, the Tanodbayan issued a subpoena duces tecum to the Banco Filipino Savings &
Mortgage Bank, commanding its representative to appear at a specified time at the Office of the
Tanodbayan and furnish the latter with duly certified copies of the records in all its branches and
extension offices, of the loans, savings and time deposits and other banking transactions, dating back to
1969,appearing in the names of Caturla, His wife, Purita Caturla, their Children; Manuel, Jr.,Marilyn and
Michael and Pedro Escuyos. Caturla moved to quash the subpoena duces tecum but was denied by
Tanodbayan Vicente Ericta due to lack of merit. The petitioner filed a complaint for declaratory relief
with the Court of First Instance of Manila but was denied for lack of merit by respondent Judge Purisima

Issue: Whether or not RA 1405"Law on Secrecy of Bank Deposits" 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 manifestly out of proportion to his salary and other lawful income, in violation of the
"Anti-Graft and Corrupt Practices Act."

Resolution:

No. The inquiry into illegally acquired property or property NOT "legitimately

acquired” extends to cases where such property is concealed by being held by or recorded

in the name of other persons. This proposition is made clear by R.A. No. 3019 which quitecategorically
states that the term, "legitimately acquired property of a public officer oremployee shall not include ...
property unlawfully acquired by the respondent, but itsownership is concealed by its being recorded in
the name of, or held by, respondent's

spouse, ascendants, descendants, relatives or any other persons.”

To sustain the petitioner's theory, and restrict the inquiry only to property held byor in the name of the
government official or employee, or his spouse and unmarriedchildren is unwarranted in the light of
the provisions of the statutes in question, and wouldmake available to persons in government who
illegally acquire property an easy and fool-proof means of evading investigation and prosecution; all
they would have to do would beto simply place the property in the possession or name of persons other
than their spouseand unmarried children. This is an absurdity that we will not ascribe to the lawmakers.

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