71479 of Rizal, Branch X, a complaint against the Javier
October 18, 1990 spouses, Honorio Poblador, etc to recover the amount MELLON BANK, N.A vs. MAGSINO they received for the sale of the 160-acre lot in California City. FACTS: In due course, it was found out that the checks Dolores Ventosa requested the transfer of $1,000 originally issued by Javier spouses were already from the First National Bank of Moundsville, West negotiated and now were deposited to Account 2825- Virginia, U.S.A. to Victoria Javier in Manila through 1 of the Philippine Veterans Bank in the name of the Prudential Bank. Cipriano Azada, Poblador's law partner and counsel to the Javiers. To effect the transfer, the First National Bank requested the petitioner, Mellon Bank, which Mellon Bank then subpoenaed Erlinda Baylosis of mistakenly indicated in its wire sent to Manufacturers Veterans Bank to show that Azada deposited HSBC Hanover Bank, a correspondent of Prudential Bank checks No. 339736 and 339737 amounting to the amount transferred as "US$1,000,000.00" instead P874,490.75 in his personal current account with said of US$1,000.00. bank and Pilologo Red, Jr. of HSBC to prove that said amount was returned by Azada to Hagedorn one of Manufacturers Hanover Bank transferred one million the companies connected with Poblador. dollars less bank charges of $6.30 to the Prudential Bank for the account of Victoria Javier. The testimonies of these witnesses were objected to by the defense on the grounds of res inter alios acta, Javier opened a new dollar account (No. 343) in the immateriality, irrelevancy and confidentiality and Prudential Bank and deposited $999,943.70. then moved to strike off the testimonies from the Immediately, Victoria Javier and her husband, record of the case in violation of Republic Act No. Melchor Javier, Jr., made withdrawals from the 1405 the Secrecy of Bank Deposits. account, deposited them in several banks only to withdraw them later in an apparent plan to conceal, ISSUE: "launder" and dissipate the erroneously sent amount. Whether or not disclosure of bank deposits in cases Melchor Javier, requested Jose Marquez, a realtor, to where the money is the subject matter of litigation look for properties for sale in the United States. violates RA 1405. Marquez offered a 160-acre lot in the Mojave Desert in California City which was owned by Honorio HELD: Poblador. Private respondents' protestations that to allow the Without having seen the property, Javier agreed to questioned testimonies to remain on record would be buy said property. Deeds were issued and one of it in violation of the provisions of Republic Act No. was sent to the Kern County Registrar in California 1405 on the secrecy of bank deposits, is unfounded. for registration. Section 2 of said law allows the disclosure of bank The payment of the purchased property was made deposits in cases where the money deposited is the through six cashier's checks withdrawn from dollar subject matter of the litigation. Inasmuch as Civil account 434 while the balance of P236,000 was paid Case is aimed at recovering the amount converted by in cash by Javier who did not even ask for a receipt. the Javiers for their own benefit, necessarily, an inquiry into the whereabouts of the illegally acquired Inasmuch as Poblador had requested that the purchase amount extends to whatever is concealed by being price should not be paid directly to him, the payment held or recorded in the name of persons other than the was coursed through six companies in which he is one responsible for the illegal acquisition. financially related with.
Mellon Bank filed a complaint in the Superior Court Prepared by:
of California, County of Kern, against Javier spouses’ to impose constructive trust of the property they’ve Lizglen L. Gliponeo purchased from the money mistakenly and erroneously transferred to their account.
Mellon Bank also filed in the Court of First Instance
Algernon L. Butler, JR., Trustee in Bankruptcy For Cheryl Lynn Harper v. Nationsbank, N.A. (Formerly NCNB National Bank of North Carolina), 58 F.3d 1022, 4th Cir. (1995)
United States v. Hibernia National Bank, Defendant-Third Party Plaintiff-Appellant-Cross v. Joseph M. Rault, JR., Third Party Defendant-Appellee-Cross, 882 F.2d 961, 3rd Cir. (1989)
Guy Grider v. Texas Oil & Gas Corp., a Delaware Corporation, Txo Production Corp., a Delaware Corporation, Ratliff Exploration Company, an Oklahoma Corporation, Ratliff Drilling Company, an Oklahoma Corporation, Diversified Oil and Gas Exploration, Inc., an Oklahoma Corporation, Diversified Well Servicing Corporation, Barton W. Ratliff, and Jim D. Brewer, 868 F.2d 1147, 10th Cir. (1989)