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Bankers Association of The Philippines Vs Comelec

The COMELEC issued a Money Ban Resolution that prohibited cash withdrawals and check encashments over 100,000 pesos per day during the election period. The Bankers Association of the Philippines filed a petition arguing the resolution exceeded COMELEC's authority. The Supreme Court dismissed the case as moot since it had already issued a status quo ante order preventing the resolution from being enforced during the election. The Court also noted the BSP and Monetary Board have authority to limit banking transactions for legitimate purposes during elections without a COMELEC resolution. Congress should also take note to address similar issues for future elections.

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644 views1 page

Bankers Association of The Philippines Vs Comelec

The COMELEC issued a Money Ban Resolution that prohibited cash withdrawals and check encashments over 100,000 pesos per day during the election period. The Bankers Association of the Philippines filed a petition arguing the resolution exceeded COMELEC's authority. The Supreme Court dismissed the case as moot since it had already issued a status quo ante order preventing the resolution from being enforced during the election. The Court also noted the BSP and Monetary Board have authority to limit banking transactions for legitimate purposes during elections without a COMELEC resolution. Congress should also take note to address similar issues for future elections.

Uploaded by

mei_2208
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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PARILLA, MAY ANN C.

LLB 2-1

ELECTION LAW
MONDAYS/CW8

G.R. No. 206794


November 26, 2013
BANKERS ASSOSICATION OF THE PHILIPPINES VS. COMELEC
Facts:
This was a petition for the issuance of a status quo to enjoin the
implementation of the Money Ban Resolution issued by COMELEC. The said
ban prohibits the withdrawal of cash, encashment of checks and conversion
of any monetary instrument into cash from May 8 to 13, 2013 exceeding One
Hundred Thousand Pesos (P100,000.00) or its equivalent in any foreign
currency, per day in banks, finance companies, quasi-banks, pawnshops,
remittance companies and institutions performing similar functions.
However, all other non-cash transactions are not covered. For this purpose,
the Bangko Sentral ng Pilipinas and other financial agencies of the
government are hereby deputized to implement with utmost dispatch and
ensure strict compliance with this resolution without violating the provisions
of Republic Act No. 1405 , as amended, and Republic Act No. 6426.
Issue:
Whether or the COMELECs resolution was exercised in excess of its duty.
Held:
The Court held to dismiss the case, as it became moot and academic. The
Court has issued a Status Quo Ante on May 10, 2013, thus the Money Ban
Resolution was not in force during the most critical period of the elections. In
addition, nothing in the exceptions of moot and academic principle relates
to the case at bar. The Court considers it significant that the BSP and the
Monetary Board continue to possess full and sufficient authority to address
the COMELECs concerns and to limit banking transactions to legitimate
purposes without need for any formal COMELEC resolution if and when the
need arises. Likewise, the Congress should take note of the Money Ban
Resolution and the evil it sought to prevent in application of its plenary
power for future elections, thus rendering unnecessary further action on the
merits of the assailed Money Ban Resolution at this point.

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