Case Digest (G.R. No. 94723) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
Petitioners Karen E. Salvacion, a minor, through her father and natural guardian Federico N. Salvacion, Jr., together with spouses Federico N. Salvacion, Jr. and Evelina E. Salvacion, filed a petition under G.R. No. 94723, decided En Banc on August 21, 1997, against the Central Bank of the Philippines, China Banking Corporation, and Greg Bartelli y Northcott. On February 4–7, 1989, Bartelli, an American tourist, lured twelve-year-old Karen to his Makati apartment, where he detained and raped her ten times over four days. When rescued by police, Bartelli was arrested but later escaped custody. Petitioners filed Criminal Cases Nos. 801–805 before the Makati RTC and simultaneously Civil Case No. 89-3214 for damages, securing a writ of preliminary attachment over Bartelli’s dollar account at China Banking. After Bartelli failed to answer and was declared in default, the trial court rendered an ex parte judgment on March 29, 1990 ordering payment of over ₱1.1 million. Upon attempt to Case Digest (G.R. No. 94723) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Nature of Petition
- Petitioners: Karen E. Salvacion (a minor) through her father and natural guardian Federico N. Salvacion, Jr., and spouses Federico N. Salvacion, Jr., and Evelina E. Salvacion.
- Respondents: Central Bank of the Philippines (CB), China Banking Corporation (CBC), and Greg Bartelli y Northcott (an American tourist and judgment debtor).
- Reliefs sought:
- Immediate temporary restraining order against respondents’ enforcement of Section 113, CB Circular No. 960.
- Declaration of rights and duties; adjudication of Section 113 as unconstitutional for (a) violating substantive due process, (b) granting class privilege (equal protection), (c) granting safe haven to criminals.
- Allegations and Criminal Proceedings
- On February 4–7, 1989, Greg Bartelli detained and raped 12-year-old Karen in his Makati apartment (one rape on Feb.4; three daily from Feb.5–7).
- Karen rescued on Feb.7; Bartelli arrested. Items recovered included foreign currency deposits and bankbooks.
- Criminal charges filed Feb.16, 1989: one count of Serious Illegal Detention, four counts of Rape. Bartelli escaped Makati jail on Feb.24, 1989. Warrant of Arrest and Hold Departure Order issued Feb.28, 1989; cases archived pending arrest.
- Civil Case and Preliminary Attachment
- Petitioners filed Civil Case No. 89-3214 for damages with a writ of preliminary attachment (bond posted, attachment issued Feb.28, 1989).
- Deputy Sheriff garnished Bartelli’s dollar deposits in CBC on March 1, 1989. CBC first invoked RA 1405, then in writing (Mar.20, 1989) relied on Section 113, CB Circular 960 (exempting foreign currency deposits from attachment).
- Petitioners inquired with CB (Apr.25, 1989); CB replied (May 26, 1989) that Section 113 is absolute, no exception, nor amended or repealed.
- Trial Court Judgment and Frustrated Execution
- Bartelli declared in default (summons by publication granted Apr.10, 1989; default Aug.7, 1989). Ex parte hearing led to judgment Mar.29, 1990 awarding Karen ₱500,000 (moral damages), ₱300,000 to her parents, ₱100,000 exemplary damages, 25% attorney’s fees, ₱10,000 litigation expenses, plus costs.
- After finality, petitioners attempted execution against dollar deposit; CBC and CB refused, citing Section 113 CB Circular 960.
- Petitioners elevated matter to the Supreme Court as a petition for declaratory relief.
Issues:
- Jurisdiction
- Can the Supreme Court entertain a petition for declaratory relief when original and exclusive jurisdiction lies with the Regional Trial Court?
- Applicability of Exemption
- Do Section 113, CB Circular No. 960, and Section 8 of RA 6426 (as amended by PD 1246) apply to foreign currency deposits of a mere transient or tourist?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)