Camera Relative To Various Accounts Maintained at Union Bank of The Philippines, Julia

LOURDES T.
MARQUEZ, in her capacity as Branch Manager, UNION BANK OF

THE PHILIPPINES vs. HONORABLE ANIANO A. DESIERTO, in his capacity as
OMBUDSMAN, ANGEL C. MAYOR-ALGO, JR., MARY ANN CORPUZ-MANALAC
AND JOSE T. DE JESUS, JR., in their capacity as Chairman and Members of the Panel,
respectively, respondents.
G.R. No. 135882. June 27, 2001
FACTS:
Because of a case pending with the Ombudsman entitled, Fact-Finding and Intelligence
Bureau (FFIB) v. Amado Lagdameo, et al. Ombudsman Aniano A. Desierto ordered
Lourdes Marquez to produce several bank documents for purposes of inspection in
camera relative to various accounts maintained at Union Bank of the Philippines, Julia
Vargas Branch, where Marquez is the branch manager. The order of the Ombudsman to
produce for in camera inspection the subject accounts with the Union Bank of the
Philippines, Julia Vargas Branch, is based on a pending investigation at the Office of the
Ombudsman against Amado Lagdameo, et. al. for violation of R.A. No. 3019, Sec. 3 (e)
and (g) relative to the Joint Venture Agreement between the Public Estates Authority
and AMARI. It would appear that Mr. George Trivinio, purchased 5) Managers Checks
at Traders Royal Bank. Out of the 51 MCs, 11 MCs were deposited and credited to an
account maintained at the Union Bank, Julia Vargas Branch.
However, Marquez wrote the Ombudsman explaining to him that the accounts in
question cannot readily be identified and asked for time to respond to the order. We
cannot identify these accounts since the checks are issued in cash or bearer. We
surmised that these accounts have long been dormant, hence are not covered by the
new account number generated by the Union Bank system.
According to the OMB, Marquez’ persistent refusal to comply with Ombudsman's order
is unjustified, and is merely intended to delay the investigation of the case. Constitutes
disobedience of or resistance to a lawful order and is punishable as Indirect Contempt..
Marquez received a copy of the motion to cite her for contempt, filed with the Office of
the Ombudsman by Agapito B. Rosales, Director, Fact Finding and Intelligence Bureau
(FFIB).
Marquez filed with the Ombudsman an opposition to the motion to cite her in contempt
on the ground that the filing thereof was premature due to the petition pending in the
lower court. She likewise reiterated that she had no intention to disobey the orders of
the Ombudsman. However, she wanted to be clarified as to how she would comply
with the orders without her breaking any law, particularly RA. No. 1405
ISSUE:
Whether or not the order of the Ombudsman to have an in camera inspection of the
questioned account is allowed as an exception to the law on secrecy of bank deposits
(R.A. No.1405).
RULING:
No. An examination of the secrecy of bank deposits law (R.A. No.1405) would reveal
the following exceptions:
1. Where the depositor consents in writing;

2. Impeachment case;
3. By court order in bribery or dereliction of duty cases against public officials;
4. Deposit is subject of litigation;
5. Sec. 8, R.A. No.3019, in cases of unexplained wealth
Before an in camera inspection may be allowed, there must be a pending case before a
court of competent jurisdiction. The account must be clearly identified, the inspection
limited to the subject matter of the pending case before the court of competent
jurisdiction. The bank personnel and the account holder must be notified to be present
during the inspection, and such inspection may cover only the account identified in the
pending case.
In the case at bar, there is yet no pending litigation before any court of competent
authority. What is existing is an investigation by the Office of the Ombudsman. In short,
what the office of the ombudsman would wish to do is to fish for additional evidence to
formally charge Amado Lagdameo, et. al., with the Sandiganbayan. Clearly, there was
no pending case in court which would warrant the opening of the bank account for
inspection.
(Additional Info) Bank deposits are to be "absolutely confidential" except:
(1) In an examination made in the course of a special or general examination of a bank

that is specifically authorized by the Monetary Board after being satisfied that there
is reasonable ground to believe that a bank fraud or serious irregularity has been or
is being committed and that it is necessary to look into the deposit to establish such
fraud or irregularity,
(2) In an examination made by an independent auditor hired by the bank to conduct its
regular audit provided that the examination is for audit purposes only and the
results thereof shall be for the exclusive use of the bank,
(3) Upon written permission of the depositor,
(4) In cases of impeachment,
(5) Upon order of a competent court in cases of bribery or dereliction of duty of public
officials, or
(6) In cases where the money deposited or invested is the subject matter of the
litigation".
IN VIEW WHEREOF, we GRANT the petition. We order the Ombudsman to cease and
desist from requiring Union Bank Manager Lourdes T. Marquez, or anyone in her place
to comply with the order dated October 14,1998, and similar orders.

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LOURDES T.

MARQUEZ, in her capacity as Branch Manager, UNION BANK OF

G.R. No. 135882. June 27, 2001

1. Where the depositor consents in writing;

(Additional Info) Bank deposits are to be "absolutely confidential" except:

(1) In an examination made in the course of a special or general examination of a bank

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