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ARTS-PRTC CPA Review

(Academic Review & Training School, Inc)


4F Anelle Bldg., Biak na Bato St. cor PNR Road, Tabuco, Naga City
 0917 6361700; 054 811-1877  arts-prtc@gmail.com; f: Arts-Prtc Cpa Review

ATTY. MICHAEL B. BONGALONTA CPA,MICB,MBA,CTT,DBA, MRIS,MRITAX


BANK SECRECY LAW 2023

1. What law governs bank deposits secrecy in the


Philippines?
7. What is the penalty for unauthorized disclosure of
a. Republic Act No. 1405 bank deposit information subject to secrecy under the
b. Republic Act No. 10168 Bank Secrecy Law?
c. Republic Act No. 7653
d. Republic Act No. 8791 a. Imprisonment of 5 to 10 years and a fine of Php
50,000 to Php 200,000

b. Imprisonment of 10 to 15 years and a fine of Php


2. What is the main objective of the Bank Secrecy
200,000 to Php 500,000
Law?
c. Imprisonment of 15 to 20 years and a fine of Php
a. To safeguard the confidentiality of bank deposits 500,000 to Php 1,000,000
b. To prevent fraud and corruption in the banking d. None of the above
system

c. To promote transparency in government financial


institutions 8. What is the process for lifting bank deposits secrecy
in cases of tax evasion?
d. To encourage foreign investment in the Philippines
a. The bank deposit information can be accessed
without a court order
3. What is a bank deposit subject to secrecy under the
b. The depositor must provide written consent for their
Bank Secrecy Law?
bank deposit information to be accessed
a. All types of bank accounts including savings,
c. The Bureau of Internal Revenue (BIR) must secure a
checking, and time deposits court order to access the bank deposit information
b. Only foreign currency accounts in Philippine banks
c. Only accounts held by government officials d. None of the above
d. None of the above

9. What is the effect of the Foreign Account Tax


4. Can a government agency access bank deposits
Compliance Act (FATCA) on bank deposits secrecy in
subject to secrecy under the Bank Secrecy Law?
the Philippines?
a. No, the confidentiality of bank deposits is absolute
a. It overrides the Bank Secrecy Law and allows for the
b. Yes, but only with a court order
disclosure of bank deposit information to the US
c. Yes, with the consent of the depositor
government
d. None of the above
b. It has no effect on bank deposits secrecy in the
Philippines
5. What is the purpose of the Anti-Money Laundering
Act (AMLA)? c. It encourages the Philippines to strengthen its bank
deposit secrecy laws
a. To regulate the operations of banks and other
financial institutions d. None of the above

b. To prevent the use of the financial system for


money laundering and terrorism financing activities
10. What is the purpose of the Tax Amnesty Act?
c. To promote transparency in government financial
institutions a. To prevent tax evasion by increasing penalties for
non-compliant taxpayers
d. To encourage foreign investment in the Philippines
b. To encourage taxpayers to settle their tax liabilities
by providing amnesty for certain penalties and
interests
6. What is the procedure for accessing bank deposits
subject to secrecy under the AMLA? c. To provide tax waivers for foreign investors in the
Philippines
a. The Bangko Sentral ng Pilipinas (BSP) may
authorize an inquiry upon receiving information of a d. None of the above
suspicious transaction

b. An inquiry can only be made with a court order 11. Can bank deposit information be disclosed to a
c. The depositor must provide written consent for a foreign government in the absence of a tax treaty or
third party to access the bank deposit information agreement?

d. None of the above


a. Yes, as long as the request is made by a foreign d. None of the above
government agency

b. Yes, but only with the approval of the Bangko


Sentral ng Pilipinas (BSP) 17. Can a bank disclose bank deposit information to a
depositor's heirs in case of death?
c. No, bank deposit information cannot be disclosed to
a foreign government without a tax treaty or a. Yes, as long as the depositor has given prior written
agreement consent

d. None of the above b. No, bank deposits are subject to secrecy even in
cases of the depositor's death

c. Yes, only if the heirs provide proof of the depositor's


12. Can a depositor waive their rights under the Bank death
Secrecy Law?
d. Yes, with a court order
a. Yes, a depositor can voluntarily disclose their bank
deposit information

b. No, the confidentiality of bank deposits cannot be 18. Can a foreign government agency request the
waived by the depositor disclosure of a depositor's bank deposit information?

c. Yes, a depositor can waive their rights under the law a. Yes, as long as there is a tax treaty or agreement
by signing a waiver document between the Philippines and the foreign government
d. None of the above b. No, bank deposits subject to secrecy cannot be
disclosed to foreign government agencies

c. Yes, with the approval of the Bangko Sentral ng


13. Can a depositor use bank deposits subject to
Pilipinas (BSP)
secrecy under the Bank Secrecy Law as evidence in
court? d. None of the above
a. Yes, as long as the depositor has voluntarily
disclosed the information
19. What is the consequence of unauthorized
b. No, bank deposits subject to secrecy cannot be used
disclosure of bank deposit information by a
as evidence in court
government employee?
c. Yes, if the depositor gives consent for the bank
a. Imprisonment of 5 to 10 years and a fine of Php
deposit information to be used as evidence
50,000 to Php 200,000
d. Yes, with a court order
b. Imprisonment of 10 to 15 years and a fine of Php
200,000 to Php 500,000

14. Can a bank be held liable for unauthorized c. Imprisonment of 15 to 20 years and a fine of Php
disclosure of bank deposit information? 500,000 to Php 1,000,000

a. Yes, the bank can be fined and sued for damages d. None of the above

b. No, the bank is not responsible for unauthorized


disclosure by its employees
20. Can a bank refuse to comply with a court order
c. Yes, but only if the unauthorized disclosure was requiring the disclosure of bank deposit information?
intentional
a. Yes, the bank can refuse to disclose the information
d. None of the above
based on client confidentiality

b. No, the bank must comply with the court order or


15. Can bank deposit information be used for face legal penalties
impeachment proceedings?
c. Yes, but only if the bank files an appeal against the
a. Yes, bank deposit information can be disclosed for court order
impeachment proceedings against a public official
d. None of the above
b. No, the Bank Secrecy Law prohibits the disclosure of
bank deposit information for any purpose

c. Yes, with a court order 21. Can bank deposit information subject to secrecy be
disclosed for purposes of investigation of graft and
d. None of the above corruption cases?

a. Yes, with a court order


16. Can a bank be compelled to disclose bank deposit b. Yes, with the consent of the depositor
information as part of a criminal investigation?
c. No, bank deposit information subject to secrecy
a. Yes, as long as there is probable cause cannot be disclosed for any purpose
b. No, the Bank Secrecy Law prohibits the disclosure of
d. Yes, with the approval of the Bangko Sentral ng
bank deposit information for any purpose
Pilipinas (BSP)
c. Yes, with a court order
22. Can the Office of the Ombudsman compel a bank
to disclose bank deposit information as part of an
investigation? 27. What is the consequence of disclosing bank deposit
information subject to secrecy to unauthorized parties?
a. Yes, as long as there is probable cause to believe
that the information is necessary for the investigation a. Imprisonment of 5 to 10 years and a fine of Php
50,000 to Php 200,000
b. No, bank deposit information subject to secrecy
cannot be disclosed to the Office of the Ombudsman b. Imprisonment of 10 to 15 years and a fine of Php
200,000 to Php 500,000
c. Yes, with the approval of the Bangko Sentral ng
Pilipinas (BSP) c. Imprisonment of 15 to 20 years and a fine of Php
500,000 to Php 1,000,000
d. None of the above
d. None of the above

23. Can bank deposit information be disclosed in cases


of violation of the Comprehensive Dangerous Drugs 28. Can bank deposit information be disclosed to the
Act? courts evidence in a civil case?

a. Yes, with a court order a. Yes, with a court order

b. Yes, with the consent of the depositor b. Yes, with the consent of the depositor

c. No, bank deposit information subject to secrecy c. No, bank deposit information subject to secrecy
cannot be disclosed for any purpose cannot be disclosed for any purpose

d. Yes, with the approval of the Bangko Sentral ng d. Yes, with the approval of the Bangko Sentral ng
Pilipinas (BSP) Pilipinas (BSP)

24. Can a bank disclose bank deposit information to a 29. Can the Anti-Money Laundering Council (AMLC)
foreign court under a mutual legal assistance disclose bank deposit information to law enforcement
agreement? agencies in cases of terrorism financing?

a. Yes, as long as there is a mutual legal assistance a. Yes, with a court order
agreement between the Philippines and the foreign b. No, bank deposits subject to secrecy cannot be
government disclosed to law enforcement agencies without a court
b. No, bank deposits subject to secrecy cannot be order
disclosed to foreign courts c. Yes, with the approval of the Bangko Sentral ng
c. Yes, with the approval of the Bangko Sentral ng Pilipinas (BSP)
Pilipinas (BSP) d. None of the above
d. None of the above

30. Can bank deposit information be used as evidence


25. What is the penalty for a government employee in a criminal case without a court order?
who conspires with others to obtain bank deposit a. Yes, as long as the prosecution establishes probable
information subject to secrecy? cause
a. Imprisonment of 10 to 15 years and a fine of Php b. No, bank deposit information subject to secrecy
200,000 to Php 500,000 cannot be used as evidence without a court order
b. Imprisonment of 15 to 20 years and a fine of Php c. Yes, with the consent of the depositor
500,000 to Php 1,000,000
d. Yes, with the approval of the Bangko Sentral ng
c. Imprisonment of 20 to 25 years and a fine of Php Pilipinas (BSP)
1,000,000 to Php 2,000,000

d. None of the above


31. What is the consequence of banks refusing to
comply with a court order for bank deposit
26. Can a bank disclose bank deposit information to information?
the High Court in case of a petition for habeas corpus a. Banks can be fined and penalized by the court
or writs of amparo and habeas data?
b. Banks can be held liable for contempt of court
a. Yes, with the consent of the depositor
c. Banks can lose their licenses to operate in the
b. Yes, with a court order Philippines
c. No, bank deposit information subject to secrecy d. None of the above
cannot be disclosed for any purpose

d. Yes, with the approval of the Bangko Sentral ng


Pilipinas (BSP)
32. Can a bank disclose bank deposit information to c. Yes, with a court order
the Securities and Exchange Commission (SEC) for
regulatory purposes? d. Yes, with the approval of the Bangko Sentral ng
Pilipinas (BSP)
a. Yes, as long as the depositor has given prior written
consent

b. No, bank deposits subject to secrecy cannot be 38. Can bank deposit information be disclosed to the
disclosed to the SEC without a court order creditor in case of bankruptcy proceedings?

c. Yes, with a court order a. Yes, with a court order

d. None of the above b. Yes, with the consent of the depositor

c. No, bank deposit information subject to secrecy


cannot be disclosed in case of bankruptcy proceedings
33. Can bank deposit information be disclosed to
regulatory bodies for anti-trust purposes? d. Yes, with the approval of the Bangko Sentral ng
Pilipinas (BSP)
a. Yes, as long as there is a mutual legal assistance
agreement between the Philippines and the foreign
government 39. Can a depositor be held liable for money
b. No, bank deposits subject to secrecy cannot be laundering activities of someone who deposited money
disclosed to regulatory bodies without a court order in their bank account?

c. Yes, with a court order a. No, the depositor is not responsible for the activities
of others
d. Yes, with the approval of the Bangko Sentral ng
Pilipinas (BSP) b. Yes, the depositor can be charged with complicity in
money laundering activities

c. Yes, but only if the depositor knew about the


34. Can a court order for bank deposit information be activities and failed to report them
issued ex parte?
d. None of the above
a. No, the depositor must be notified of the court order
b. Yes, if the depositor is found to be a flight risk
c. Yes, if the depositor is a public official 40. Can a depositor's bank deposits be frozen during
d. None of the above an investigation for corruption or money laundering?

a. Yes, with a court order


35. Can a bank compel the depositor to waive their
rights under the Bank Secrecy Law? b. No, bank deposits subject to secrecy cannot be
frozen
a. Yes, if the depositor is suspected of involvement in
criminal activity c. Yes, with the approval of the Bangko Sentral ng
Pilipinas (BSP)
b. No, the confidentiality of bank deposits cannot be
waived by the depositor d. None of the above

c. Yes, if the bank secures a court order for the


depositor to waive their rights
41. Can bank deposit information be disclosed to the
d. None of the above Department of Justice (DOJ) for investigation
purposes?

a. Yes, with a court order


36. Can a depositor's spouse gain access to bank
deposit information subject to secrecy under the Bank b. Yes, with the consent of the depositor
Secrecy Law?
c. No, bank deposits subject to secrecy cannot be
a. Yes, with a court order disclosed to the DOJ

b. Yes, with the consent of the depositor d. Yes, with the approval of the Bangko Sentral ng
Pilipinas (BSP)
c. No, bank deposit information subject to secrecy
cannot be disclosed to spouses

d. Yes, with the approval of the Bangko Sentral ng 42. Can bank deposit information be disclosed to the
Pilipinas (BSP) Anti-Money Laundering Council (AMLC) for
investigation purposes?

a. Yes, with
37. Can bank deposit information be disclosed to third
parties for purposes of credit investigation?

a. Yes, as long as the credit institution complies with


data privacy laws

b. No, bank deposits subject to secrecy cannot be


disclosed for credit investigation purposes

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