7/27/2019 CASE NO 8

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CASE NO. 8

China Banking Corporation v. Ortega

G.R. No. L-34964 (January 31, 1973)

MAKALINTAL, J.:

FACTS:

A complaint was filed against Bautista Logging Co., Inc., B&B Forest Development Corporation and

Marino Bautista for the collection of a sum of money. The trial court declared the said defendants in

default for failure to answer within the reglementary period.

The plaintiff sought the garnishment of the bank deposit of B&B Forest with current Petitioner Bank.

Thus, a notice of garnishment was issued by the Deputy Sheriff and served on Petitioner Bank through

its cashier, Tan Kim Liong. The cashier refused to disclose any information, citing the provisions of RA

1405, which prohibits the disclosure of any information relative to bank deposits to any person except

upon written permission of the depositor. Furthermore, RA 1405 also imposes criminal liability on any

official or employee of a banking institution who breaks the confidential nature of this law.

ISSUE:

Whether or not a banking institution may validly refuse to comply with a court process garnishing the

bank deposit of a judgment debtor, by invoking the provisions of RA 1405 (An act Prohibiting the

Disclosure of Inquiry into, Deposits with any Banking Institution and Providing Penalty Therefor).

HELD:

No. In passing RA 1405, it was not the intention of the Legislature to place bank deposits beyond the

reach of execution to satisfy a final judgment. The discussion of the conference committee report of the

two houses of Congress indicates that the prohibition against examination of or inquiry into a bank

deposit under RA 1405 does not preclude its being garnished to insure satisfaction of a judgment.

LATIN MAXIM:

9a Ratio legis / est ánima legis.

The reason of the law is the soul of the law.

11e Lex / semper intendit / quod convenit rationi.

The law always intends that which is in accordance with reason.

12b Lex injusta non / est lex.

An unjust law is not a law.

30b Expressum / facit cessare / tácitum.

What is expressed puts an end to that which is implied.

35 Exceptio / firmat régulam / in cásibus non exceptis. 

A thing not being expected must be regarded as coming within the purview of the general rule.

38b Interpretare et concordare / leges légibus / est óptimus interpretandi modus.

Every statute must be so construed and harmonized with other statutes as to have a uniform

system of law.

43 Strictíssimi juris.

Follow the law strictly.

b2  Ambigúitas verborum patens / nulla verificatione excluditur 

A patent ambiguity can be cleared up by extrinsic evidence (unless perfectly vague)