SALVACION VS CENTRAL BANK.docx

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EN BANC [G.R. No. 94723. August 21, 1997] KAREN E. SALVACION, minor, thru Federico N. Salvacion, Jr., father and Natural Guardian, and Spouses FEDERICO N. SALVACION, JR., and EVELINA E. SALVACION, petitioners, vs. CENTRAL BANK OF THE PHILIPPINES, CHINA BANKING CORPORATION and GREG BARTELLI y NORTHCOTT, respondents. D E C I S I O N TORRES, JR., J.: In our predisposition to discover the “original intent” of a statute, courts become the unfeeling pillars of the status quo. Little do we realize that statutes or even constitutions are bundles of compromises thrown our way by their framers. Unless we exercise vigilance, the statute may already be out of tune and irrelevant to our day. The petition is for declaratory relief. It prays for the following reliefs: a.) Immediately upon the filing of this petition, an Order be issued restraining the respondents from applying and enforcing Section 113 of Central Bank Circular No. 960; b.) After hearing, judgment be rendered: 1.) Declaring the respective rights and duties of petitioners and respondents; 2.) Adjudging Section 113 of Central Bank Circular No. 960 as contrary to the provision of the Constitution, hence void; because its provision that “Foreign currency deposits shall be exempt from attachment, garnishment, or any other order to process of any court, legislative body, government agency or any administrative body whatsoever” i.) has taken away the right of petitioners to have the bank deposit of defendant Greg Bartelli y Northcott garnished to satisfy the judgment rendered in petitioners’ favor in violation of substantive due process guaranteed by the Constitution; ii.) has given foreign currency depositors an undue favor or a class privilege in violation of the equal protection clause of the Constitution; iii.) has provided a safe haven for criminals like the herein respondent Greg Bartelli y Northcott since criminals could escape civil liability for their wrongful acts by merely

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SALVACION VS CENTRAL BANK.docx

Transcript of SALVACION VS CENTRAL BANK.docx

EN BANC[G.R. No. 94723.August 21, 1997]KAREN E. SALVACION, mino, t!u "#$#i%o N. S&'(&%ion, )., *&t!# &n$ N&tu&'Gu&$i&n, &n$S+ous#s "E,ERICON. SALVACION, )R., &n$EVELINAE.SALVACION, petitioners, vs. CEN-RAL.ANKO"-/E0/ILI00INES, C/INA.ANKING COR0ORA-ION &n$ GREG .AR-ELLI 1 NOR-/CO--, respondents., E C I S I O N-ORRES, )R., J.2In our predisposition to discover the original intent of a statute, courts become theunfeeling pillars of the status quo.Little do e reali!e that statutes or even constitutionsare bundles of compromises thron our a" b" their framers.#nless e e$ercisevigilance, the statute ma" alread" be out of tune and irrelevant to our da".%he petition is for declarator" relief.It pra"s for the folloing reliefs&a.' Immediatel" upon the filing of this petition, an (rder be issued restraining the respondents from appl"ing and enforcing )ection **+ of Central Ban, Circular No. -./0b.' After hearing, 1udgment be rendered&*.'2eclaring the respective rights and duties of petitioners and respondents03.' Ad1udging )ection **+ of Central Ban, Circular No. -./ as contrar" to the provision of the Constitution, hence void0 because its provision that 4oreign currenc" deposits shall be e$empt from attachment, garnishment, or an" other order to process of an" court, legislative bod", government agenc" or an" administrative bod" hatsoeveri.' has ta,en aa" the right of petitioners to have the ban, deposit of defendant 5reg Bartelli " Northcott garnished to satisf" the 1udgment rendered in petitioners6 favor in violation of substantive due process guaranteed b" the Constitution0ii.' has given foreign currenc" depositors an undue favor or a class privilege in violation of the e7ual protection clause of the Constitution0iii.' has provided a safe haven for criminals li,e the herein respondent 5reg Bartelli " Northcott since criminals could escape civil liabilit" for their rongful acts b" merel" converting their mone" to a foreign currenc" and depositing it in a foreign currenc" deposit account ith an authori!ed ban,.%he antecedents facts&(n 4ebruar" 8, *-9-, 5reg Bartelli " Northcott, an American tourist, coa$ed and luredpetitioner :aren )alvacion, then *3 "ears old to go ith him to his apartment.%herein,5reg Bartelli detained :aren )alvacion for four da"s, or up to 4ebruar" ;, *-9- and asable to rape the child once on 4ebruar" 8, and three times each da" on 4ebruar" ail.%hepolicemenrecovered fromBartelli the folloing items&*.'2ollar Chec, No. +.9, Control No./3*///.;9?**..***+/+, #)+,-/+.3/03.'C(C(BAN:Ban,Boo,No. */8?*/9;