EXCEPTION TO THE RULE: SECRECY OF BANK DEPOSITS

‘Contrary to their claim that their position effects a reconciliation of the provisions of the two laws, plaintiffs are actually making the provisions of Republic Act No. 1405 prevail over those of the Anti-Graft Law, because even without the latter law the balance standing to the depositor's credit can be considered provided its disclosure is made in any of the cases provided in Republic Act No. 1405.

The truth is that these laws are so repugnant to each other that no reconciliation is possible. Thus, while Republic Act No. 1405 provides that bank deposits are "absolutely confidential . . . and [therefore] may not be examined, inquired or looked into," except in those cases enumerated therein, the Anti-Graft Law directs in mandatory terms that bank deposits "shall be taken into consideration in the enforcement of this section, notwithstanding any provision of law to the contrary." The only conclusion possible is that section 8 of the Anti-Graft Law is intended to amend section 2 of Republic Act No. 1405 by providing an additional exception to the rule against the disclosure of bank deposits.’

( PHILIPPINE NATIONAL BANK, and EDUARDO Z. ROMUALDEZ, in his capacity as President of the Philippine National Bank, plaintiffs-appellants, vs. EMILIO A. GANCAYCO, and FLORENTINO FLOR, Special Prosecutors of the Dept. of Justice, defendants-appellees., G.R. No. L-18343, 1965 Sep 30, En Banc)