Karen E. Salvacion vs. Central Bank of the Philippines.

G.R. No. 94723, August 21, 1997


Greg Bartelli, an American tourist, lured petitioner Karen Salvacion, then 12 years old, to go with him to his apartment. Greg Bartelli detained Karen Salvacion for four days and raped the child three times each day. 

Greg Bartelli was charged for Serious Illegal Detention and for four (4) counts of Rape. On the same day, petitioners filed with the Regional Trial Court of Makati for damages with preliminary attachment against Greg Bartelli. 

A notice of garnishment was served to China Banking Corporation, where the dollar account of the private respondent was deposited. However,  The defendant  – China Banking Corporation, invoked Section 113 of Central Bank Circular No. 960 to the effect that the dollar deposits of defendant Greg Bartelli are exempt from attachment, garnishment, or any other order or process of any court, legislative body, government agency or any administrative body, whatsoever.

The Trial Court rendered judgment a favorable judgment in the Civil Case for damages in the amount of more than P1,000,000.00,


Whether the dollar bank deposit of Greg Bartelli in China Bank Corporation be exempted from attachment, garnishment or any other order or process of any court, legislative body, government agency or any administrative body.



NO. The provisions of Section 133 of CB Circular No. 960 are inapplicable because of its peculiar circumstances and the Court requires respondents to comply with the writ to execution and to release to petitioners the dollar deposit of respondent Greg Bartelli y Northcott in such amount as would justify the judgment.

The application of the law depends on the extent of its justice. If the Court  rule that the questioned Section 113 of Central Bank Circular No. 960 which exempts from attachment, garnishment, or any other order or process of any court, legislative body, government agency or any administrative body whatsoever, is applicable to a foreign transient, injustice would result especially to a citizen aggrieved by a foreign guest like accused Greg Bartelli. This 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 presumed that the lawmaking body intended right and justice to prevail. “Ninguno non deue enriquecerse tortizeramente con dano de otro.” Simply stated, when the statute is silent or ambiguous, this is one of those fundamental solutions that would respond to the vehement urge of conscience.

Please check out our tags for more personal case digests!

abuse of rights (2) Administrative Law (5) Agency (4) alteration (2) Article 19 (2) Article 26 of the Family Code (2) article 36 (4) Article 148 of the Family Code (2) Article 153 of the Family Code (3) Bill of Rights (3) Bright Future Technologies Inc. (1) capacity to contract marriage (2) capital (4) Case Digest (327) Chain of Custody (2) Civil Code (20) civil law (56) Civil Procedure (49) commercial law (80) Company Policies (2) Conflicts of Law (33) Constitutional Law (25) Constitutional Rights of Employers and Employees (2) Corporate Law (2) court of appeals (9) Credit Card (2) Credit Transactions (7) criminal law (3) criminal procedure (9) Different Kind Of Obligations (2) dismissal (2) divorce (2) Donation (2) Dreamwork (2) easements (2) ec2 (2) Effect of Partial payment (2) ejusdem generis (2) Election Law (2) Eminent Domain (4) Employee’s Rights (2) evidence (2) Expropriation (2) Extinguishment of Obligations – Compensation (2) family code (19) family home (4) Foreclosure (2) foreign divorce (2) forgery (2) G.R. No. 145391 (1) income (5) income taxation (4) Injunction (2) instagram (2) Insurable Interest (2) Insurance (54) Intellectual Property (6) japan (5) Judicial review (2) Just Compensation (2) labor law (37) Law School (318) Local Government Code (2) marriage (12) NAIA Terminal 3 (2) National Labor Relations Commission (7) negotiable instrument (10) Oblicon (19) Obligation and Contracts (25) Payment through Agent (2) Persons and Family Relations (21) Philippine Airlines (2) Philippine Airlines Inc. (2) Philippine citizenship (2) Police power (2) Political Law (33) Ponente (7) Premium Payment (2) programming (2) property (8) Provisional Remedies (2) Psychological Incapacity (4) public officers (2) Reinsurance (3) Remedial Law (56) Residence (2) Rights to Security of Tenure and Due Process (2) security (2) Seven (7) Cardinal Rights of Workers (2) shrines (2) situs (3) situs of taxation (3) Social justice (7) Sources of Labor Rights and Obligations (4) Succession (7) Taxation Law (6) temple (2) tokyo (3) TYPES of Employees (2) what is income (2)