[ OCA CIRCULAR NO. 41-2014, March 20, 2014 ]

[ OCA CIRCULAR NO. 41-2014, March 20, 2014 ]

[ OCA CIRCULAR NO. 41-2014, March 20, 2014 ]

TO : ALL JUDGES AND CLERKS OF COURT

SUBJECT : REQUEST OF BANKS AND OTHER FINANCIAL INSTITUTIONS FOR INFORMATION ON THE STATUS OF A CASE AND THE PERSONAL DATA OF A PARTY TO A CASE RELEVANT TO THE CREDIT STANDING OF THE LITIGANT SUBJECT OF SUCH REQUEST

Pursuant to the Resolution dated 3 September 2013 of the Court En Banc in A.M. No. 13-05-01-SC, all requests of banks and other financial institutions for information on the status of a case and the personal data of a party to a case which are relevant to the credit standing of the litigant subject of such request, shall be filed by banks or financial institutions and acted upon by the courts under these conditions:

(i) the bank or financial institution requesting the said information, after conducting diligent credit investigation, shall:

(1) provide the docket number and the parties to the case where the litigant under credit investigation is involved, to the court where such case has been found to be assigned;

(2) attach to the request the written consent to access to the said information, of all parties to the case, provided that if a party is a juridical person, its president or head shall give consent;

(3) use the accessed information only for the specific purpose stated in the request; and

(4) treat with strict confidentiality the accessed information under pain of contempt of court;

(ii) the clerk of court of the requested court shall:

(1) submit the request to the presiding judge of the court for approval;

(2) charge the requesting bank or financial institution with service fee in accordance with Rule 141 of the Rules of Court;

(3) issue a certification on the requested information within three (3) working days from receipt of the request;

(4) furnish each of the parties to the case with a copy of the certification issued; and

(5) attach a copy of the certification to the record of the case; and

(iii) such other conditions as the Office of the Court Administrator may prescribe to protect the privacy of the person whose credit standing is being verified, and to ensure that the proper administration of justice is not unduly prejudiced by the additional task of court personnel.

For strict compliance.

20 March 2014

(SGD.) JOSE MIDAS P. MARQUEZ Court Administrator