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Ricky A. POLLO, Petitioner, v.

CHAIRPERSON KARINA CONSTANTINO- [government-owned] computer system, the CSC regulation creates a new,
DAVID, et al., Respondents. constitutionally suspect category of confidential information based, not on the
SEPARATE CONCURRING OPINION sensitivity of content, but on the salary grade of its author.
- The constitutional infirmity of the exemption is worsened by the arbitrariness of
CARPIO, J.: its rank-based classification. The three CSC commissioners, unlike the rest of
- I file this separate opinion to: the lower ranked CSC employees, are excluded from the operation of the CSCs
- assert a statutory basis for the disposition of the case data transparency regulation solely because they are the CSCs highest ranking
- articulate the exception to the Civil Service Commission (CSC) office officers.
regulation denying expectation of privacy in the use of government - The assumption upon which the classification rests that the CSC
computers commissioners, unlike the rest of the CSCs thousands of employees, are
First. The CSCs computer use regulation, which opens to access for internal scrutiny incapable of violating these objectives is plainly unfounded.
anything CSC employees create, store, send, or receive in the computer system, has a
statutory basis under the Government Auditing Code of the Philippines. GARCIA v. SENATE IMPEACHMENT COURT
Concurring Opinion
Section 4(2) of the Code mandates that [government x x x property shall be x x x
used solely for public purposes. Brion, J:
- The purpose of the temporary restraining order goes no further than to preserve
- In short, any private use of a government property, like a government-owned the status quo until the hearing of the application for preliminary injunction which
computer, is prohibited by law. cannot be issued ex parte.
- The CSC regulation declaring a no-privacy expectation on the use of government- - However, the issuance of the TRO should be justified by the existence of
owned computers logically follows from the statutory rule that government-owned extreme urgency and a grave violation of the applicants right that will
property shall be used solely for a public purpose. cause him irreparable injury if the other party is not enjoined.
Moreover, the statutory rule and the CSC regulation are consistent with the - A review of the facts and the applicable law convinces me that these
constitutional treatment of a public office as a public trust. The statutory rule and standards prevail in the present case.
the CSC regulation also implement the State policies, as expressly provided in the RA No. 6426 provides for the absolute confidentiality of foreign currency deposits.
Constitution, of ensuring full disclosure of all government transactions - The subject matter of the subpoenas issued by the Senate sitting as an
involving public interest, maintaining honesty and integrity in the public
Impeachment Court are five foreign deposit accounts with petitioner, all
service, and preventing graft and corruption.
allegedly in the name of Renato C. Corona.
- RA No. 6426 guarantees a clear right to the depositors and demands an exacting
Second. The CSC office regulation denying CSC employees privacy expectation in obligation from banks to maintain the absolute confidentiality of the foreign
anything they create, store, send, or receive in the computer system, although valid as to currency deposits.
petitioner Briccio Pollo, is constitutionally infirm insofar as the regulation excludes from its - The failure of a bank to fulfill its obligation under the law subjects
ambit the three CSC commissioners solely by reason of their rank, and not by reason of the bank and its officials to criminal liability under Section 10 of RA
the confidential nature of the electronic data they generate. No. 6426, and its authority to accept new foreign currency deposits
- Office regulations mandating no-privacy expectation such as the CSC regulation may be revoked or suspended by the Bangko Sentral ng Pilipinas
in question cannot justify access to sensitive government information traditionally under Section 87 of the Manual of Regulations on Foreign Exchange
recognized as confidential. Transactions.
- Example: Info covered by executive privilege - The only exception provided by the law is when there is a written permission by
- By providing that [u]sers except the Members of the Commission shall not have the depositor.
an expectation of privacy in anything they create, store, send, or receive in the - But there was no written permission given AT ALL.
Refutation of the Dissents
Because of the Bank Secrecy Act, the confidentiality of bank deposits remains
- In the Courts discussion, objections have been raised as to the absolute terms of a basic state policy in the Philippines. Subsequent laws, including the AMLA,
the confidentiality that RA No. 6426 guarantees by claims that the Court in may have added exceptions to the Bank Secrecy Act, yet the secrecy of bank
several cases has relaxed or liberalized the application of the rule. deposits still lies as the general rule. It falls within the zones of privacy
- Not true daw. recognized by our laws. The framers of the 1987 Constitution likewise
- The impact of the principle of stare decisis that is cited as basis is limited; recognized that bank accounts are not covered by either the right to
specific judicial decisions are binding only on the parties to the case and on future information under Section 7, Article III or under the requirement of full
public disclosure under Section 28, Article II. Unless the Bank Secrecy Act is
parties with similar or identical factual situations.
repealed or amended, the legal order is obliged to conserve the absolutely
- Salvacion: the rule that exempts dollar deposits (of a transient) from confidential nature of Philippine bank deposits.
attachment, garnishment, or any other order or process of any court,
- Notably, the Court declared that bank accounts laws are not covered by the
legislative body, government agency or any administrative body, cannot
right to information under Article III, Section 7 and the requirement of full
serve as an instrument of injustice and deprive a Philippine national who
public disclosure under Article II, Section 28 of the Constitution, which is
is the victim of a heinous crime of the damages awarded to her by the
statutorily implemented through RA No. 6713 (Code of Conduct and Ethical
court.
Standards for Public Officials and Employees).
- China Bank: the Court ruled that the respondent, as owner of the funds
- The Constitution in fact declares that the publics right to
(dollar deposit checks) unlawfully taken and which were deposited in
information is subject to such limitations as may be provided by law.
China Bank, had the right to inquire into the said deposits because his
- Should there be doubts in upholding the absolutely confidential nature of bank
consent was deemed given.
deposits against affirming the authority to inquire into such accounts, then such
- Ejercito: does not involve foreign currency deposits and, therefore,
doubts must be resolved in favor of the former. This attitude persists unless
should be rejected outright as a ruling applicable to the present case. RA
congress lifts its finger to reverse the general state policy respecting the
1405 was applicable in this case, and cases of bribery or plunder.
absolutely confidential nature of bank deposits.
- Under Section 2 of RA No. 1405, all deposits of whatever
Re: Carpio.
nature with banks xxx may be examined, inquired or looked
- The view expressed that the majority's TRO is a mockery of all existing laws
into xxx in cases of impeachment. Thus, there is no question
designed to insure transparency and good governance in public service is likewise
that the impeachment court can pry open the foreign currency
not well taken. This view declares that the majority ruling advises all government
accounts of impeachable officers.
officials and employees that they can legally evade reporting their actual assets
- Further objection (aka Carpio LOL) to the application of the absolute
confidentiality rule of RA No. 6426 posits that it is intended only to benefit in their Statement of Assets, Liabilities, and Net Worth x x x by simply
opening foreign currency deposit accounts with local banks.
foreign investors; thus, RA 6426 applies only to foreign depositors and
- The majority makes no such ruling in granting the TRO. The question the Court
investors.
has resolved for now is whether the facts and the law justify the issuance of a
- RA No. 6426, by its plain terms, is clear that all foreign currency
TRO. The object of a TRO, as earlier mentioned, is to simply maintain the
deposits are considered to be absolutely confidential. The law expressly
status quo.
refers to deposits not to the identity, nationality, or residence of the
depositors.
- Something about WHEREAS clause and Premable tbh fam
- Despite this position, the article significantly recognizes that jurisprudence of
the Court points to the other direction. In short, the article at the same time
admits that bank secrecy remains the general rule.
- Republic v. Eugenio

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