Pineda, Paul Christopher G.

Outline:

Chapter I:

Introduction

Chapter II:

A. Statement of the Problem

B. Statement of Objectives

C. Significance of the Study

D. Scope and Delimitation of the Study

E. Methodology

Chapter III: Review of Related Literature

A. Corruption in the Philippines

B. The Philippine Banking System

C. Banking Secrecy Law: An Overview

I. Evolution of Bank Secrecy Law

II. Structure of Banking Secrecy Law

D. Philippine Bank Secrecy Law

I. The Historical Context

II. The Legislative Intent

III. The Judicial Interpretation

E. Halting Corruption: Philippine and International Statutes for

Transparency and Accountability of Public Officers and Employees

I. Right to Privacy and Nature of Public Office

 II. Philippine Law

A. The 1987 Philippine Constitution, Accountability of Public Officers Article XI

B. An Act Establishing a Code of Conduct and Ethical Standards for Public Officials and
Employees, Republic Act No. 6713

C. Police Power: Philippine Jurisprudence

D. Equal Protection

III. International Statutes

A. Asset Declarations, Transparency and Anti-Corruption Statutes

a. Albania

b. Armenia

c. Australia

d. Botswana

e. Ethiopia

f. Indonesia

g. Poland

h. Republic of Trinidad and Tobago

i. Romania

j. Swaziland

III. The United Nations Convention

Chapter IV:

Discussion and Analysis

Chapter V:

Conclusion and Recommendation

Thesis Statement
The absence of any law that may be used as a mechanism to safeguard the interest

of the public which will enable the Government to audit the finances of the civil servants poses a

challenge to the Government’s ability to monitor and ensure transparency among Government

officials and employees and in preventing corrupt practices.

The question has remained unanswered. Will the compelled waiver imposed on public

officials and employees curtail the right to privacy of an individual? Can the submission of such

waiver be one of the requisites needed before assuming public office?

 The State has the greatest interest in guaranteeing that corruption within its backyard is

eradicated. To minimize abuse of public position it is the researchers view that aside from the

constitutional clause regarding public officials’ declarations, a supporting legislative act must be

enacted. This is not to only protect the taxpayer’s money from improper usage, to ensure

properly implemented projects, but also to boost the economy of the Philippines.

The main purpose of the enactment of banking secrecy laws in the country is to increase

investments through sustained confidentiality, independence from interference and privacy in

banking transactions. Adherence to these principles is a reflection of the fear in unending trend

of open access to personal account, transaction and information due to transparency and

accountability. However, the intent of the framers of the Bank Secrecy Act and FCDA can also be

achieved through greater transparency which will bolster a country’s reputation as a compliant

and well-regulated institution. Transparency cultivates economic trust from other countries and

shows commitment to combating money laundering, corruption and tax evasion, issues now

fought against by international groups to which many countries are parties.

The Philippines being a State party to the National Convention against Corruption which

was adopted in 2003, although the said conventions are not legally binding, compliance in it will

not only create a milieu of confidence between the citizens and the country but also the

confidence of foreign investors. This will show Philippines is a well-regulated institution that will

protect investments in the country improving economic trust that will pave way to increased

investments and a progressive economy of the country.

What is under consideration is a statute that may be enacted under police power of the State to
promote morality in public service and promote general welfare of people, for that there is neither
justification condition to exempt the public officers from the ambit of the State regulation thru the
exercise of police power since this position constitute the actual embodiment of the Constitutional
mandate of promoting general welfare of the people.

The defense of right to privacy is no longer tenable applying the public figure doctrine. In Ayer
Production vs Capulong, Justice Feliciano explained that a public figure can be compared to a celebrity
that because of the accomplishment, fame, or mode of living or by adopting a profession or calling, the
public is given legitimate interest in his acts and omissions whether in the capacity as public officer or as
a private citizen.