In evading the request of the House of Representatives’ quad committee to open his bank account for scrutiny, former president Rodrigo Duterte falsely claimed that the account is held jointly with his wife. The joint bank account in question is with his daughter, Vice President Sara Duterte.
Read The evolution of Duterte’s BPI account
STATEMENT
During the House quad committee hearing on Nov. 13, Lanao Del Sur Rep. Zia Adiong asked the former president to clarify whether or not his willingness to sign a waiver of his right to bank secrecy was “conditional.”
The 79-year-old Duterte responded:
“Ganito lang, Sir. Give me one purpose, isa lang, bakit i-produce ko… Ang problema ‘yung bank account ko hindi akin lang ‘yan, pati sa asawa ko. So I cannot waive her right to secrecy. Ako, wala akong problema, but the problem is, joint account ‘yan e. So I have to ask my wife to appear here and to ask her if she is ready to waive the Bank Secrecy law.”
(It’s like this, Sir. Give me one purpose, just one, why should I produce [my bank account]. The problem is that that bank account is not just mine, but also my wife’s. So I cannot waive her right to secrecy. For me, I have no problem, but the problem is this is a joint account. So I have to ask my wife to appear here to ask her if she is ready to waive the Bank Secrecy Law.)
Source: House of Representatives, ELEVENTH PUBLIC HEARING OF THE HOUSE QUAD-COMMITTEE (PART 2), Nov. 13, 2024, watch from 4:22:31 to 4:23:07
Duterte did not say if he was referring to his wife, Elizabeth Zimmerman, or his long-time companion, Cielito “Honeylet” Avanceña. It’s also unclear why the former chief executive has to ask his wife to appear before the quad committee to get her permission to waive her right to secrecy on the account.
FACT
The joint bank account discussed in the hearing is under Duterte’s name and his daughter Sara, not with his wife.
On April 28, 2016, when Duterte was denying the existence of BPI account number 002433-0695-39 at the Julia Vargas Branch of the Bank of Philippines in Pasig, a supporter of VERA Files deposited P500 at the BPI branch in Alabang Town Center. The deposit slip showed Rodrigo Roa Duterte and Sara Z Duterte as the account owners.
In the hearing, former senator Antonio Trillanes IV presented a ledger of the Dutertes’ joint account listing P2.41 billion credits. The actual total amount, he said, would be revealed only if the accounts were opened.
Republic Act No. 1405 or the Bank Secrecy Law states that “all deposits of whatever nature with banks” are confidential and “may not be examined, inquired or looked into” by any entity.
However, there are exceptions:
- when there is written permission of the depositor made knowingly, voluntarily and with sufficient awareness of circumstances and consequences;
- in cases of impeachment of the President, Vice President, members of the Supreme Court, members of the Constitutional Commissions, Ombudsman for culpable violation of the Constitution;
- when there is an order of a competent court in cases of bribery, dereliction of duty of public officials or unexplained wealth;
- in cases where the money deposited or invested is the subject matter of the litigation.
Check out these sources
Supreme Court E-library, REPUBLIC ACT NO. 1405, Accessed Nov. 14, 2024
Bangko Sentral ng Pilipinas, Philippine laws, rules, and regulations on secrecy of bank deposits, Accessed Nov. 14, 2024