Military Trial for Violation of Bank Deposit Secrecy

General Order No. 31 was issued pursuant to the President’s powers as Commander-in-Chief of the Armed Forces of the Philippines under the Constitution.
General Order No. 31 was issued pursuant to Proclamation No. 1081 dated September 21, 1972.
General Order No. 31 was issued pursuant to General Order No. 1 dated September 22, 1972, as amended.
General Order No. 31 further amends General Order No. 12 dated September 30, 1972, as amended.

The Government policy encourages deposits in banking institutions and discourages private hoarding to support capital formation and national economic development.
Republic Act No. 1405 establishes that deposits with banks or banking institutions in the Philippines are absolutely confidential and restricts examination or inquiry.
The Government policy requires zealously guarding and protecting the secrecy of savings deposits to achieve increased savings through banking channels.
General Order No. 31 implements that policy by directing that specified violations be tried by military tribunals.

General Order No. 31 adds an offense to the list of cases tried and decided by military tribunals authorized under General Order No. 8 dated September 27, 1972.
The added case is limited to “Any violation of the provisions of Republic Act No. 1405 on secrecy of bank deposits.”
Trial by military tribunals is exclusive of civil courts for the added category.
The added category is listed as Item 24 under General Order No. 12, as amended.

General Order No. 31 authorizes military tribunals to try and decide Item 24: violations of Republic Act No. 1405 concerning bank deposit secrecy.
Military tribunal jurisdiction under General Order No. 8 applies to the added offense exclusive of civil courts.
The procedural placement is through amendment of General Order No. 12, as amended, to include the added offense among enumerated cases.

Republic Act No. 1405 treats all deposits of whatever nature with banks or banking institutions in the Philippines as absolutely confidential.
Under Republic Act No. 1405, deposits may not be examined, inquired into, or looked into by any person, government official, bureau, or office except upon limited grounds.
Republic Act No. 1405 permits examination or inquiry upon written permission of the depositor, in impeachment, upon order of a competent court in cases of bribery or dereliction of duty of public officials, or in cases where the money deposited or invested is the subject of litigation.
Republic Act No. 1405 also makes it unlawful for an official or employee of a banking institution to disclose, except in the expressly mentioned cases, information concerning deposits.

General Order No. 31 contains no express separability clause.
General Order No. 31 contains no express repealing or sunset clause.
General Order No. 31 operates strictly as a further amendment to General Order No. 12, as amended, adding a new enumerated military-tribunal case category.