Cited Laws
TL;DR — Ruling
WHEREFORE, by virtue of this WDCD, you are hereby AUTHORIZED to issue an order compelling EASTWEST RURAL BANK with office address at Beaufort, 5 th Avenue corner 23 rd Street, Bonifacio Global City, Taguig 1634 to release, preserve data/information pertaining Eastwest Rural Bank Account Number 500023412872 .
WHEREFORE, by virtue of this WDCD, you are hereby AUTHORIZED to issue an order compelling EASTWEST RURAL BANK with office address at Beaufort, 5 th Avenue corner 23 rd Street, Bonifacio Global City, Taguig 1634 to release, preserve data/information pertaining Eastwest Rural Bank Account Number 500023412872 . With particular description of the data sought to be disclosed, to wit: a) Account information such as full name, personal information, and address of the Eastwest Rural bank account holder; b) Verification ID submitted when the account was opened; c) Contact details (email, Phone or cellular number[);] and d) Any other relevant information that will lead to the identity of the account holder/sand digital footprint. [14] (Emphasis in the original) Pursuant to the WDCD, PNP-ACG RACU 1 issued a Disclosure Order [15] to EWRB. [16] In response, EWRB filed an Entry of Appearance along with a Motion for Clarificatory Order [17] with the RTC. In this Motion, EWRB requested clarification regarding the implications of the WDCD concerning Section 2 [18] of Republic Act No. 1405, [19] also known as the Law on Secrecy of Bank Deposits (Bank Secrecy Law) and sought to have the Disclosure Order held in abeyance. Specifically, EWRB raised the following points: (1) the requested information was unrelated to any civil or criminal case pending before the court; (2) the Cybercrime Prevention Act did not repeal the Bank Secrecy Law, thus maintaining the prohibition against disclosing bank deposit information; and (3) A.M. No. 17-11-03-SC, also known as the Rule on Cybercrime Warrants, is deemed inapplicable to EWRB because it did not meet the criteria to be classified as a service provider under the specified definition. [20] Ruling of the Regional Trial Court In an Order [21] dated July 3, 2023, the RTC denied EWRB's Motion, the dispositive portion of which states: WHEREFORE , the Motion for Clarificatory Order filed by East West Banking Corporation is DENIED for lack of merit. SO ORDERED.