From ftp://ftp.bir.gov.ph/webadmin1/pdf/14159ruling03_010.pdf
SEC. 97 of the NIRC. Payment of Tax Antecedent to the Transfer of Shares, Bonds or Rights. -
x x x x
If a bank has knowledge of the death of a person, who maintained a bank deposit account alone, or jointly with another, it shall not allow any withdrawal from the said deposit account, unless the Commissioner has certified that the taxes imposed thereon by this Title have been paid: Provided, however, That the administrator of the estate or any one (1) of the heirs of the decedent may, upon authorization by the Commissioner, withdraw an amount not exceeding Twenty thousand pesos (P20,000) without the said certification. For this purpose, all withdrawal slips shall contain a statement to the effect that all of the joint depositors are still living at the time of withdrawal by any one of the joint depositors and such statement shall be under oath by the said depositors.
Arts. 484 and 485, Civil Code -
The share or portion belonging to the joint depositors in the joint deposit account shall be presumed equal and the benefits as well as the charges in the joint account shall be proportional to their respective shares.
Considering that the joint account is co-owned by the depositors, there is a presumption that they owned it equally or in 50/50 shares, in which case, the transfer of the remaining balance of the whole deposit to the surviving co-depositor/s upon death of the other co-depositor is a transfer made by the said depositor in contemplation of death. as provided under Section 85(B) of the 1997 Tax Code, to viz:
“(B) Transfer in Contemplation of Death – To the extent of any interest therein of which the decedent has at any time made a transfer, by trust or otherwise, in contemplation of or intended to take effect in possession or enjoyment at or after death, or of which he has at any time made a transfer, by trust or otherwise, under which he has retained for his life or for any period which does not in fact end before his death (1) the possession or enjoyment of, or the right to the income from the property, or (2) the right, either alone or in conjunction with any person, to designate the person who shall possess or enjoy the property or the income therefrom; except in case of a bona fide sale for an adequate and full consideration in money or money’s worth.”
From bpidirect@bpi.com.ph on an inquiry on withdrawing funds from a
joint account if a co-depositor is already deceased.
1. The branch shall hold the proportionate share on the
total deposits of the deceased party (i.e ½ for two (2)
depositors, 1/3 for three (3) depositors, etc.).
2. To release the surviving co-depositors share, the following
shall be required:
a. Certified True Copy of Death certificate
b. Written request by the surviving co-depositor for the Bank to
release his proportionate share in the deposit account.
c. Notarized quitclaim, undertaking and Indemnity
3. Withdrawal of the proportionate share of the deceased
party may be allowed upon submission of:
a. hospital bills
b. funeral bills
c. credit card bills
d. utilities bills
e. other proof of expenses or obligations incurred by the
deceased or in connection with or arising from the
hospitalization / burial / death of the deceased.
4. To pay for the above cited expenses or obligations, the
surviving heirs may request the branch to issue manager’s
check (out of the deceased party’s share). The bank will
require the following:
a. Certified True Copy of Death Certificate
b. Documents to prove filiation with the deceased
c. Identification documents of person(s) to whom deposit will
be released
d. Indemnity Agreement (/with Special Power of Attorney)
5. Otherwise, if there are no bills or obligations due from the
deceased party’s share, and the depositor died without will,
the checklist of bank requirements for deceased
account will apply.