Commercial Law, 2019 Bar — Question B.16-a

ESSAY

Mayor J has two (2) bank accounts: 1. A Peso savings account with Bank P; and 2. A U.S. Dollar savings account with Bank D. In 2018, Mayor J's former business partner, Mr. K, filed a civil case for collection of sum of money against him. In the same year, a criminal case for Direct Bribery under the Revised Penal Code was filed against Mayor J. It was alleged in the information that in exchange for the expeditious approval of various permits and licenses, Mayor J received kickbacks which amounts were deposited to his bank accounts. (a) In the event Mayor J is held ultimately liable in the civil case filed by Mr. K, may Mayor J's bank accounts in Bank P and Bank D be subject to garnishment? Explain.

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