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  • 7 - Salvacion vs. Central Bank of The Philippines

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    Christine Jungoy
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    1) Karen Salvacion, a 12-year old Filipino girl, was raped multiple times over 4 days by American tourist Greg Bartelli. Bartelli was arrested but later escaped from prison. 2) In a civil case, the trial court awarded damages to Salvacion but the order could not be executed on Bartelli's dollar bank deposit under Section 113 of Circular No. 960, which exempts foreign currency deposits from court orders. 3) The Supreme Court ruled that Section 113 did not apply in this case due to the "peculiar circumstances." Applying the provision would go against the Civil Code which presumes the legislature intends for justice to prevail when a law is silent or ambiguous.

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    7_Salvacion vs. Central Bank of the Philippines

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    1) Karen Salvacion, a 12-year old Filipino girl, was raped multiple times over 4 days by American tourist Greg Bartelli. Bartelli was arrested but later escaped from prison. 2) In a civil case, the trial court awarded damages to Salvacion but the order could not be executed on Bartelli's dollar bank deposit under Section 113 of Circular No. 960, which exempts foreign currency deposits from court orders. 3) The Supreme Court ruled that Section 113 did not apply in this case due to the "peculiar circumstances." Applying the provision would go against the Civil Code which presumes the legislature intends for justice to prevail when a law is silent or ambiguous.

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    © All Rights Reserved
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    28 views1 page

    7 - Salvacion vs. Central Bank of The Philippines

    Uploaded by

    Christine Jungoy
    1) Karen Salvacion, a 12-year old Filipino girl, was raped multiple times over 4 days by American tourist Greg Bartelli. Bartelli was arrested but later escaped from prison. 2) In a civil case, the trial court awarded damages to Salvacion but the order could not be executed on Bartelli's dollar bank deposit under Section 113 of Circular No. 960, which exempts foreign currency deposits from court orders. 3) The Supreme Court ruled that Section 113 did not apply in this case due to the "peculiar circumstances." Applying the provision would go against the Civil Code which presumes the legislature intends for justice to prevail when a law is silent or ambiguous.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    of 1

    Salvacion vs.

    Central Bank of the Philippines presumed that the lawmaking body intended
    278 SCRA 27 right and justice to prevail. Simply stated, when
    the statute is silent or ambiguous, this is one of
    FACTS: those fundamental solutions that would respond
    to the vehement urge of conscience. Court
    Greg Bartelli, an American tourist, raped applied this principle over the strict and literal
    petitioner, then 12-yr. old Karen Salvacion, words of the statute. It is worthy to note that RA
    detained Karen for four days and raped her 6426 was enacted in 1983 or at a time when the
    several times. After policemen and people living country's economy was in shambles and when
    nearby rescued Karen, Greg was arrested and foreign investments were minimal. However, in
    detained. He was, however, able to escape from the present time, the country has recovered
    prison, thereby causing all criminal cases filed economically. The intention of the questioned
    against him to be archived pending his arrest. In law may be good when enacted but it failed to
    a civil case which was also filed against him, the anticipate the iniquitous effects producing
    trial court awarded Salvacion for damages and outright injustice and inequality such as the case
    other fees. Petitioners failed to execute the before us.
    order on Bartelli’s dollar deposit with China
    Banking Corporation since they invoked Section
    113 of the Central Bank Circular No. 960 - WHEN THE STATUTE IS SILENT OR AMBIGUOUS.
    “foreign currency deposits shall be exempt from — In case of doubt in the interpretation or
    attachment, garnishment, or any other order or application of laws, it is presumed that the
    process of any court, legislative body, lawmaking body intended right and justice to
    government agency or any administrative body prevail. "Ninguno non deue enriquecerse
    whatsoever”. After hearing the ex-parte, the tortizeramente con dano de otro."
    court rendered judgment in favor of petitioner.
    Petitioners tried to execute on Bartelli's dollar
    deposit with China Banking Corporation.
    Likewise, the bank invoked Section 113 of the
    Central Bank Circular No. 960. Thus, petitioner
    decided to seek relief from this Court.

    ISSUE:

    Whether or not the dollar bank deposit in a


    Philippine bank of a foreign tourist be exempt
    from pursuant to the provisions of Section 113 of
    CB Circular No. 960.

    HELD:

    YES. The provisions of Section 113 of CB Circular


    No. 960 and PD No. 1246, insofar as it amends
    Section 8 of R.A. No. 6426 are hereby held to be
    inapplicable to this case because of its peculiar
    circumstances. Applying these provisions would
    negate Article 10 of the New Civil Code, which
    provides that in case of doubt in the
    interpretation or application of laws, it is

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