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1. Where the depositor consents in writing;
2. Impeachment cases;
3. By court order in bribery or dereliction of duty cases against public officials;
4. Deposit is subject of litigation
5. In cases of unexplained wealth (PNB v. Gancayco)
6. By order of the court in cases filed by the ombudsman and upon the latter’s authority
to examine and obtain access to bank accounts and bank records (Marquez v. Desierto)
7. Audit purposes, made by an independent auditor hired by the bank, the results of which
used exclusively for the latter
OTHER ADDITIONAL EXEMPTIONS TO THE
SECRECY OF BANK DEPOSIT ACT (ASIDE FROM
THOSE STATED IN THE LAW):
1. The National Internal Revenue Code authorizes the Commissioner of Internal
Revenue to inquire into bank deposit accounts of:
a. a decedent to determine his gross estate; and
b. any taxpayer who has filed an application for compromise of his tax liability by reason of financial incapacity to pay his tax liability, which application shall include a written waiver of his privilege under the Secrecy of Bank Deposit Act or under other general or special laws, and
such waiver shall constitute the authority of the Commissioner to inquire into the bank deposits of the taxpayer.
2. In cases of unclaimed balances (Sec. 2, Act 3936)
3. inquiry into or examination of any deposit or investment with any banking institution when
the examination is made by the Banko Sentral ng Pilipinas in the course of a periodic or special examination in accordance with the rules of examination of the BSP (Sec 11, RA 9160)
4. The Courts were authorized to examine bank deposits of spouse and unmarried children of government officials found to have unexplained wealth under the Anti-Graft and Corrupt Practices Act of 1960
2. Impeachment cases;
3. By court order in bribery or dereliction of duty cases against public officials;
4. Deposit is subject of litigation
5. In cases of unexplained wealth (PNB v. Gancayco)
6. By order of the court in cases filed by the ombudsman and upon the latter’s authority
to examine and obtain access to bank accounts and bank records (Marquez v. Desierto)
7. Audit purposes, made by an independent auditor hired by the bank, the results of which
used exclusively for the latter
OTHER ADDITIONAL EXEMPTIONS TO THE
SECRECY OF BANK DEPOSIT ACT (ASIDE FROM
THOSE STATED IN THE LAW):
1. The National Internal Revenue Code authorizes the Commissioner of Internal
Revenue to inquire into bank deposit accounts of:
a. a decedent to determine his gross estate; and
b. any taxpayer who has filed an application for compromise of his tax liability by reason of financial incapacity to pay his tax liability, which application shall include a written waiver of his privilege under the Secrecy of Bank Deposit Act or under other general or special laws, and
such waiver shall constitute the authority of the Commissioner to inquire into the bank deposits of the taxpayer.
2. In cases of unclaimed balances (Sec. 2, Act 3936)
3. inquiry into or examination of any deposit or investment with any banking institution when
the examination is made by the Banko Sentral ng Pilipinas in the course of a periodic or special examination in accordance with the rules of examination of the BSP (Sec 11, RA 9160)
4. The Courts were authorized to examine bank deposits of spouse and unmarried children of government officials found to have unexplained wealth under the Anti-Graft and Corrupt Practices Act of 1960
