EJERCITO v.

SANDIGANBAYAN  Petitioner, this time assisted by counsel, filed an Urgent Motion to Quash
G.R. Nos. 157294-95. November 30, 2006. – BARREDO Subpoenae Duces Tecum/Ad Testificandum praying that the subpoena directed to
Aurora Baldoz be quashed for the same reasons which he cited in the Motion to
Petitioner: Joseph Victor G. Ejercito Quash he had earlier filed.
Respondents: Sandiganbayan (Special Division) and People of the Philippines  The Sandiganbayan issued a Resolution denying petitioner's Motion to Quash
Subpoenae Duces Tecum/Ad Testificandum.
DOCTRINES:  Subsequently, the Sandiganbayan issued a Resolution denying petitioner's Urgent
1. An examination of R.A. 1405 shows that the term "deposits" used therein is to be Motion to Quash Subpoena Duces Tecum/Ad Testificandum.
understood broadly and not limited only to accounts which give rise to a
creditor-debtor relationship between the depositor and the bank. CONTENTION OF PETITIONER:
2. The protection afforded by R.A. 1405 is not absolute, there being recognized  His bank accounts are covered by R.A. No. 1405 (The Secrecy of Bank Deposits Law)
exceptions thereto, such as: (1) the examination of bank accounts is upon order and do not fall under any of the exceptions stated therein.
of a competent court in cases of bribery or dereliction of duty of public officials,  The specific identification of documents in the questioned subpoenas, including
and (2) the money deposited or invested is the subject matter of the litigation. details on dates and amounts, could only have been made possible by an earlier
3. R.A. 1405, it bears noting, nowhere provides that an unlawful examination of illegal disclosure thereof by the EIB and the Philippine Deposit Insurance Corporation
bank accounts shall render the evidence obtained therefrom inadmissible in (PDIC) in its capacity as receiver of the then Urban Bank.
evidence.  The disclosure being illegal, petitioner concluded, the prosecution in the case may
not be allowed to make use of the information.
FACTS:
 Petitioner Joseph Victor G. Ejercito (aka Estrada) is the owner of Trust Account No. CONTENTION OF RESPONDENTS:
858 and Savings Account No. 0116-17345-9.|  Trust Account No. 858 may be inquired into, not merely because it falls under the
 Ejercito was subsequently charged with Plunder. exceptions to the coverage of R.A. 1405, but because it is not even contemplated
 In the Plunder case of People v. Estrada, et al., the Special Prosecution Panel filed therein.
before the Sandiganbayan a Request for Issuance of Subpoena Duces Tecum for  For the law applies only to "deposits" which strictly means the money delivered to the
the issuance of a subpoena directing the President of Export and Industry Bank (EIB, bank by which a creditor-debtor relationship is created between the depositor and
formerly Urban Bank) or his/her authorized representative to produce documents in the bank.
relation to Account No. 858.
 The Special Prosecution Panel also filed a Request for Issuance of Subpoena Duces ISSUES:
Tecum/Ad Testificandum directed to the authorized representative of Equitable-PCI 1. Whether petitioner's Trust Account No. 858 is covered by the term "deposit" as used
Bank to produce statements of account pertaining to certain accounts in the name in R.A. 1405. – YES.
of "Jose Velarde" and to testify thereon. 2. Whether petitioner's Trust Account No. 858 and Savings Account No. 0116-17345-9
 The Sandiganbayan granted both requests and subpoenas were accordingly are excepted from the protection of R.A. 1405. – YES.
issued. 3. Whether the "extremely-detailed" information contained in the Special Prosecution
 The Special Prosecution Panel filed still another Request for Issuance of Panel's requests for subpoena was obtained through a prior illegal disclosure of
Subpoena Duces Tecum/Ad Testificandum for the President of EIB or his/her petitioner's bank accounts, in violation of the "fruit of the poisonous tree" doctrine. –
authorized representative to produce the same documents subject of the YES.
Subpoena Duces Tecum earlier requested and to testify thereon.
 The request was likewise granted by the Sandiganbayan. RULING + RATIO:
 A Subpoena Duces Tecum/Ad Testificandum was accordingly issued.
 Ejercito filed before the Sandiganbayan a letter expressing his concerns with regard 1. An examination of the law shows that the term "deposits" used therein is to be
to the prosecution's request for the issuance of subpoena concerning his accounts. understood broadly and not limited only to accounts which give rise to a creditor-
 In open court, the Special Division of the Sandiganbayan advised petitioner that his debtor relationship between the depositor and the bank.
remedy was to file a motion to quash.
 Petitioner, unassisted by counsel, thus filed a Motion to Quash Subpoena Duces The policy behind the law is laid down in Section 1. If the money deposited under an
Tecum/Ad Testificandum praying that the subpoenas previously issued to the account may be used by banks for authorized loans to third persons, then such
President of the EIB be quashed. account, regardless of whether it creates a creditor-debtor relationship between the
 Before the Motion to Quash was resolved by the Sandiganbayan, the prosecution depositor and the bank, falls under the category of accounts which the law precisely
filed another Request for the Issuance of Subpoena Duces Tecum/Ad Testificandum seeks to protect for the purpose of boosting the economic development of the country.
again to direct the President of the EIB to produce the same documents earlier
requested. The request also covered additional documents. In this case, Trust Account No. 858 is, without doubt, one such account. The Trust
 The prosecution also filed a Request for the Issuance of Subpoena Duces Tecum/Ad Agreement between petitioner and Urban Bank provides that the trust account covers
Testificandum directed to Aurora C. Baldoz, Vice President-CR-II of the PDIC for her “deposit, placement or investment of funds” by Urban Bank for and in behalf of
to produce other documents. petitioner. The money deposited under Trust Account No. 858, was, therefore, intended
 The subpoenas prayed for in both requests were issued by the Sandiganbayan. not merely to remain with the bank but to be invested by it elsewhere. To hold that this
type of account is not protected by R.A. 1405 would encourage private hoarding of
funds that could otherwise be invested by banks in other ventures, contrary to the policy there was no violation of R.A. 1405 in the instant case, then there would be no
behind the law. “poisonous tree” to begin with, and, thus, no reason to apply the doctrine.

Section 2 of the same law in fact even more clearly shows that the term “deposits” was Petition is dismissed.
intended to be understood broadly. The phrase “of whatever nature” proscribes any
restrictive interpretation of “deposits.” Moreover, it is clear from the provision that,
generally, the law applies not only to money which is deposited but also to those which
are invested. This further shows that the law was not intended to apply only to “deposits”
in the strict sense of the word. Otherwise, there would have been no need to add the
phrase “or invested.” Clearly, therefore, R.A. 1405 is broad enough to cover Trust
Account No. 858.

2. Petitioner contends that since plunder is neither bribery nor dereliction of duty, his
accounts are not excepted from the protection of R.A. 1405.

The protection afforded by the law is, however, not absolute, there being recognized
exceptions thereto. In the present case, two exceptions apply, to wit: (1) the
examination of bank accounts is upon order of a competent court in cases of bribery or
dereliction of duty of public officials, and (2) the money deposited or invested is the
subject matter of the litigation.

Cases of unexplained wealth are similar to cases of bribery or dereliction of duty and no
reason is seen why these two classes of cases cannot be excepted from the rule making
bank deposits confidential. The policy as to one cannot be different from the policy as
to the other. This policy expresses the notion that a public office is a public trust and any
person who enters upon its discharge does so with the full knowledge that his life, so far
as relevant to his duty, is open to public scrutiny.

The crime of bribery and the overt acts constitutive of plunder are crimes committed by
public officers, and in either case the noble idea that “a public office is a public trust
and any person who enters upon its discharge does so with the full knowledge that his
life, so far as relevant to his duty, is open to public scrutiny” applies with equal force.

Plunder being thus analogous to bribery, the exception to R.A. 1405 applicable in cases
of bribery must also apply to cases of plunder. The plunder case now pending with the
Sandiganbayan necessarily involves an inquiry into the whereabouts of the amount
purportedly acquired illegally by former President Estrada. The subject matter of the
litigation also cannot be limited to bank accounts under the name of
President Estrada alone but must include those accounts to which the money
purportedly acquired illegally or a portion thereof was alleged to have been transferred.
Trust Account No. 858 and Savings Account No. 0116-17345-9 in the name of petitioner
fall under this description and must thus be part of the subject matter of the litigation.

3. Petitioner’s attempt to make the exclusionary rule applicable to the instant case
fails. R.A. 1405, it bears noting, nowhere provides that an unlawful examination of
bank accounts shall render the evidence obtained therefrom inadmissible in
evidence. Section 5 of R.A. 1405 only states that “[a]ny violation of this law will
subject the offender upon conviction, to an imprisonment of not more than five
years or a fine of not more than twenty thousand pesos or both, in the discretion of
the court.”

Even assuming arguendo, however, that the exclusionary rule applies in principle to
cases involving R.A. 1405, the Court finds no reason to apply the same in this particular
case. Clearly, the “fruit of the poisonous tree” doctrine presupposes a violation of law. If