Father vs. daughter, son-in-law: SC compels bank officials to divulge data on deposits

The Supreme Court has compelled the officials of China Banking Corporation in Cebu City to testify in court about the allegations of the late businessman Jose "Joseph" Gotianuy that his daughter and son-in-law stole his deposits of millions of pesos in the bank.

This upheld the summon of the Regional Trial Court Branch 58 on two China Bank officials in 1999 to disclose some facts that would verify the veracity of the Gotianuy's complaint against his daughter Margaret Gotianuy-Dee and son-in-law George Dee.

The RTC branch is now presided by judge Gabriel Ingles but lawyers of the bank earlier argued that bank personnel could not be compelled to reveal the information about the joint accounts of Gotianuy and Margaret because of the law on confidentiality of bank deposits.

The bank lawyers contended that confidentiality covers even the name of the depositor and is beyond the compulsive process of the courts.

The Court of Appeals ruled otherwise by saying, "the law protects only the deposits itself but not the name of the depositor." The case was eventually elevated to the SC.

The SC however ruled: "Clearly it was not the intent of the legislature when it enacted the law on secrecy on foreign currency deposits to perpetuate injustice."

The inquiry into the deposits upholds fairness in the judicial system without delay and "circuitous way of administering justice," the SC ruling said, as it also compelled bank officials to divulge the needed facts to resolve the case.

Gotianuy filed a civil case for recovery of sums of money and annulment of real estate properties and shares of stock against Margaret and her husband George.

Gotianuy accused his daughter of stealing, among his other properties, his deposits with City Bank N.A. amounting to not less than P35 million and US$864,000.

Margaret allegedly received the amount from Citibank N.A. through checks, which she deposited later at China Bank. George Dee also allegedly transferred Gotianuy's real properties and shares of stock to Dee's name without any consideration.

While the case was pending in court however, Gotianuy died prompting his other daughter, Elizabeth Gotianuy Lo, to substitute him as the complainant.

The High Court ruled that the rulings of the RTC and the appellate court were correct. It said that since it was established that Gotianuy and his daughter are co-payees of various Citibank checks, Gotianuy has the right to inquire about the information of said deposits.

Court records showed that bank employee Cristita Labios testified that Margaret Dee came to China Bank and deposited the money of Gotianuy, in Citibank US dollar checks, to the dollar account of her sister, Adrienne Chu.

"This fortifies our conclusion that an inquiry into the said deposit at China Bank is justified. At the very least, Jose Gotianuy as the owner of these funds is entitled to a hearing on the whereabouts of these funds," the SC ruling reads. - Rene U. Borromeo/RAE