1. A-RULE 3.B OF REPUBLIC ACT NO.

9194
2. D-RULE 3.I OF REPUBLIC ACT NO. 9194
3. A-SECTION 1 AND SECTION 2 OF REPUBLIC ACT NO. 3936
4. C-SECTION 8 OF REPUBLIC ACT NO. 3936
5. A-SECTION 3.E OF REPUBLIC ACT NO. 3591
6. B-SECTION 5 OF REPUBLIC ACT NO. 1405
7. C-SECTION 4.1 AND SECTION 4.2 OF REPUBLIC ACT NO. 8293
8. C-SECTION 21, SECTION 22 AND SECTION 22.1 OF REPUBLIC ACT NO. 8293
9. D-SECTION 123.1 OF REPUBLIC ACT NO. 8293
10. C-SECTION 171.3 AND SECTION 171. 4 OF REPUBLIC ACT NO. 8293

LC

COGE MAINTAINS ACTIVE PESO AND DOLLAR ACCOUNTS WITH GECO

BANK, INC.  AFTER SOMETIME, COGE WAS INDICTED FOR
INFRINGEMENT OF THE COPYRIGHT LAW.

AS PARALEGAL AND ASSISTANT TO THE LEGAL COUNSEL, YOU ARE

INSTRUCTED BY THE LATTER TO HELP HIM PREPARE HIS DEFENSES
WITH EVIDENCE.

LQ

WHAT SHALL CONSTITUTE YOUR DEFENSES WITH EVIDENCE WITHIN

THE CONTEXT OF LAWS THAT YOU HAVE JUST LEARNED IN RFBT 3-
MIDTERM PHASE?

LA WITH LB

NO ONE WILL EVER BE ALLOWED TO EXAMINE OR INQUIRE INTO THE

BANK ACCOUNT OF COGE BECAUSE UNDER SECTION 3 OR REPUBLIC
ACT NO. 1405 STATES THAT IT SHALL BE UNLAWFUL FOR ANY OFFICIAL
OR EMPLOYEE OF A BANKING INSTITUTION TO DISCLOSE TO ANY
PERSON OTHER THAN THOSE MENTIONED IN SECTION TWO OF THE
SAME REPUBLIC ACT HEREOF ANY INFORMATION CONCERNING SAID
DEPOSITS. THE BANK SECRECY LAW PROTECTS ALL DEPOSITS OF
WHATEVER NATURE IN BANKS OR BANKING INSTITUTIONS IN THE
PHILIPPINES.  THIS LAW PROHIBITS ANY PERSON, SUBJECT TO THE
EXCEPTIONS OF THE SAID LAW FROM DISCLOSING TO ANY PERSON
ANY INFORMATION, RELATIVE TO THE FUNDS OR PROPERTIES
BELONGING TO COGE IN THE CUSTODY OF THE BANK.
INFRINGEMENT OF THE COPYRIGHT OF LAW WAS INCLUDED IN THE
EXCEPTIONS TO THE BANK SECRECY LAW. STATED IN SECTION 4 OF
REPUBLIC ACT NO. 1405 IS ONE OF THE FOLLOWING EXCEPTIONS TO
THE BANK SECRECY LAW: THE ANTI-MONEY LAUNDERING COUNCIL
CAN EXAMINE BANK ACCOUNTS PURSUANT TO A COURT ORDER,
WHERE THERE IS PROBABLE CAUSE THAT THE DEPOSITS ARE RELATED
TO AN UNLAWFUL ACTIVITY OR MONEY LAUNDERING OFFENSE.
INFRINGEMENT OF THE COPYRIGHT OF LAW IS CONSIDERED AS AN
UNLAWFUL ACIVITY UNDER THE RULE K.2 OF REPUBLIC ACT NO. 9194.
BUT, THERE IS NO PROBABLE CAUSE THAT THE MAINTAINED ACTIVE
PESO AND DOLLAR ACCOUNTS OF COGE WITH GECO BANK WAS
RELATED TO OR CAME FROM INFRINGEMENT OF THE COPYRIGHT OF
LAW. SO, THE ANTI-MONEY LAUNDERING COUNCIL IS NOT PERMITTED
TO EXAMINE OR INQUIRE INTO THE BANK ACCOUNT OF COGE SINCE
THERE IS NO EVIDENCE THAT THE MONEY OF COGE WAS RELATED TO
COPYRIGHT INFRINGEMENT AND THERE WAS NO COURT ORDER TO DO
THE EXAMINATION, INQUIRY AND INVESTIGATION OF COGE'S BANK
ACCOUNT.