Title
Confidentiality of Bank Deposits Law
Law
Republic Act No. 1405
Decision Date
Sep 9, 1955
Republic Act No. 1405 prohibits the disclosure or inquiry into deposits made with any banking institution in the Philippines, with the aim of encouraging people to deposit their money in banks and discouraging private hoarding, and violation of this law can result in imprisonment or a fine.

Policy and purpose of confidentiality

  • Section 1 declares government policy to encourage people to deposit money in banking institutions.
  • Section 1 declares government policy to discourage private hoarding so deposited funds may be properly utilized by banks in authorized loans.
  • Section 1 states the utilization of deposits through authorized loans is to assist the economic development of the country.

Scope: covered deposits and who may inquire

  • Section 2 treats all deposits of whatever nature with banks or banking institutions in the Philippines as absolutely confidential.
  • Section 2 covers investments in bonds issued by the Government of the Philippines, its political subdivisions and its instrumentalities.
  • Section 2 prohibits any examination, inquiry, or looking into deposits by any person, government official, or bureau or office.
  • Section 2 limits the prohibition through specific exceptions set out in the same section.

Absolute confidentiality rule

  • Section 2 establishes that deposits are absolutely confidential.
  • Section 2 forbids examination, inquiry, or looking into deposits unless an exception applies.
  • Section 2 recognizes confidentiality as a rule governing access to information about deposits.

Exceptions allowing inquiry or disclosure

  • Section 2 allows examination, inquiry, or looking into deposits upon written permission of the depositor.
  • Section 2 allows examination, inquiry, or looking into deposits in impeachment.
  • Section 2 allows inquiry or disclosure upon order of a competent court in cases of bribery or dereliction of duty of public officials.
  • Section 2 allows inquiry or disclosure where the money deposited or invested is the subject matter of the litigation.

Prohibited conduct by bank personnel

  • Section 3 makes it unlawful for any official or employee of a banking institution to disclose information concerning deposits to any person other than those allowed under Section two.
  • Section 3 limits permissible disclosure to the categories and conditions recognized in Section 2.

Criminal penalties for violations

  • Section 5 provides that any violation subjects the offender, upon conviction, to imprisonment of not more than five years.
  • Section 5 provides that any violation subjects the offender, upon conviction, to a fine of not more than twenty thousand pesos.
  • Section 5 authorizes the court to impose imprisonment, or a fine, or both, in the court’s discretion.

Repealing clause

  • Section 4 repeals all Acts or parts of Acts, Special Charters, Executive Orders, Rules and Regulations that are inconsistent with Republic Act No. 1405.

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