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  • Salvacion v. Central Bank of The Philippines

    Enviado por

    Andrew Gallardo
    302 visualizações1 página
    This case involves an American tourist, Greg Bartelli, who raped a 12-year-old Filipino girl, Karen Salvacion, for four days in 1989. Bartelli was charged but escaped jail. When the court ruled in Salvacion's favor, her counsel attempted to garnish Bartelli's foreign currency bank account, but the bank refused citing a Central Bank policy exempting such accounts from garnishment. The issue is whether this policy applies to transient foreign currency deposits. The court ultimately held the policy did not apply to tourists, as it was intended for long-term foreign investors, not transient deposits.

    Descrição original:

    Salvacion v CB

    Título original

    Salvacion v. Central Bank of the Philippines

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    This case involves an American tourist, Greg Bartelli, who raped a 12-year-old Filipino girl, Karen Salvacion, for four days in 1989. Bartelli was charged but escaped jail. When the court ruled in Salvacion's favor, her counsel attempted to garnish Bartelli's foreign currency bank account, but the bank refused citing a Central Bank policy exempting such accounts from garnishment. The issue is whether this policy applies to transient foreign currency deposits. The court ultimately held the policy did not apply to tourists, as it was intended for long-term foreign investors, not transient deposits.

    Direitos autorais:

    © All Rights Reserved
    Baixe no formato PDF, TXT ou leia online no Scribd
    Sinalizar o conteúdo como inadequado
    302 visualizações1 página

    Salvacion v. Central Bank of The Philippines

    Enviado por

    Andrew Gallardo
    This case involves an American tourist, Greg Bartelli, who raped a 12-year-old Filipino girl, Karen Salvacion, for four days in 1989. Bartelli was charged but escaped jail. When the court ruled in Salvacion's favor, her counsel attempted to garnish Bartelli's foreign currency bank account, but the bank refused citing a Central Bank policy exempting such accounts from garnishment. The issue is whether this policy applies to transient foreign currency deposits. The court ultimately held the policy did not apply to tourists, as it was intended for long-term foreign investors, not transient deposits.

    Direitos autorais:

    © All Rights Reserved
    Baixe no formato PDF, TXT ou leia online no Scribd
    Sinalizar o conteúdo como inadequado
    de 1

    SALVACION VS.

    CENTRAL BANK OF THE PHILIPPINES


    GR NO. 94723
    DIGEST BY: Cyra
    Submitted: August 30, 2016 11:30PM

    PARTIES INVOLVED IN THE CASE


    Greg Bartelli y Northcott - American tourist; rapist
    Karen Salvacion - innocent 12 year old girl

    FACTS OF THE CASE


    Greg Bartelli lured Karen Salvacion to go with him to his apartment. Bartelli locked her up for 4 days,
    from February 4, 1989 to February 7, 1989, raping her once on the 1st day and thrice a day on the
    next days. On the 3rd day, Salvation found a window in the bathroom of the apartment and cried for
    help through it. On the 4th day, the neighbors responded and called the police. They were able to
    rescue Salvacion, and arrested and detained Bartelli at the Makati Municipal Jail.

    Serious illegal detention and rape was charged against Bartelli. On the day of the hearing for petition
    for his bail, Bartelli escaped from jail. A motion for leave to serve summons by publication was
    granted by the court, publishing the civil case in Manila Times once a week for three consecutive
    weeks. Despite the publication, Bartelli failed to file a response to the complaint so the court heard the
    case ex-parte and ruled in favor of the petitioner.

    On the other hand, damages with preliminary attachment were charged by the petitioners against
    Bartelli, of which the court granted. A notice of garnishment to the China Banking Corporation for
    Bartellis dollar account was issued of which the bank refused to acknowledge invoking Section 113,
    Central Bank Circular No. 960 which exempts foreign currency deposits from being garnished. The
    petitioners counsel inquired the Central Bank of any possible exception, repeal or amendment
    regarding the circular but the Central Bank replied saying that there was none and the provision is
    absolute.

    ISSUE
    Whether or not Section 113 of Central Bank Circular No. 960 and Section 8 of Republic Act No.
    6426, as amended by PD No. 1246, otherwise known as the Foreign Currency Deposit Act be made
    applicable to a foreign transient.

    HELD
    A transients foreign currency deposit is different to that referred and encouraged by PD No. 1034 and
    PD No. 1035. Foreign currency deposits referred to these PDs are those that come from lenders and
    investors, not a mere tourist or transient who is not expected to maintain the deposit in the bank for
    long. Hence, transients or tourists are not entitled to enjoy the incentives and protection of Section
    113 of Central Bank Circular No. 960 and PD No.1246.

    IMPORTANT LAWS/STATUTES/PROVISIONS/SECTIONS
    Section 113 of Central Bank Circular No. 960 - Foreign currency deposits are exempted from
    attachment, garnishment, or any other order or process of court, legislative body, government agency
    or any administrative body whatsoever.

    Article 10 of the New Civil Code - In case of doubt in the interpretation or application of laws, it is
    presumed that the lawmaking body intended right and justice to prevail.

    NOTE: Section 113 of Central Bank Circular No. 960 was copied from Section 8 of PD No.
    1246

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