Incorrectly Invoked

Actually, this case should have been studied more carefully by all concerned. The finest legal minds in the country – from the parties’ respective counsel, the Provincial Prosecutor, the Department of Justice, the Solicitor General, and the Court of Appeals – all appear to have overlooked a single fact which dictates the outcome of the entire controversy. A circumspect review of the record shows us the reason. The accounts in question are U.S. dollar deposits; consequently, the applicable law is not Republic Act No. 1405 but Republic Act (RA) No. 6426, known as the “Foreign Currency Deposit Act of the Philippines,” section 8 of which provides

x x x 

Even during the pendency of this appeal, nothing prevented the petitioners from filing a complaint charging the correct offense against private respondents. This was not done, as everyone involved was content to submit the case on the basis of an alleged violation of Republic Act No. 1405 (Bank Secrecy Law), however, incorrectly invoked. (Intengan v. CA, G.R. No. 128996)

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