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VVocatus · Bar Exam Practice

Commercial Law, 2017 Bar — Question VIII-B

Commercial Law
2017 BarCommercial LawQ. VIII-B

ESSAY

Prosperous Bank is a domestic bank with head office in Makati. It handles the banking requirements of thousands of clients. The AMLC initiated a discreet investigation of the financial transactions of Lorenzo, a suspected drug trafficker based in Naga City. The intelligence group of the AMLC, in coordination with the counterpart group from the PDEA and the NBI, gathered ample evidence establishing Lorenzo's unlawful drug activities. The AMLC had probable cause that his deposits and investments in various banks, including Prosperous Bank, were related to money laundering. Accordingly, the AMLC now transmits to Prosperous Bank a formal demand to allow its agents to examine the banking transactions of Lorenzo, but Prosperous Bank refuses the demand. Is Prosperous Bank's refusal justified? Explain your answer.

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