Fri, Nov 28, 2014

The Anti-Money Laundering Council has asked the Sandiganbayan Fifth Division to nullify its order directing the council to produce the bank documents of five whistleblowers in the pork barrel scam.

 

On Nov. 21, the court directed the AMLC to bring documents regarding inquiries, examinations or investigations on all deposits, investments and other related accounts of Benhur Luy, Marina Sula, Merlina Suñas, Gertrudes Luy, and Mary Arlene Baltazar as requested by the camp of detained Senator Jinggoy Estrada.

 

In a 14-page manifestation and motion filed November 27, AMLC said it cannot lawfully comply with the court order because it cannot be compelled to produce in court, or disclose any information pertaining to the results of its investigation, before a case is actually filed in court.

 

“In the investigation of money laundering activities, the AMLC deals with very sensitive information, including bank transactions which are deemed confidential under RA 1405 (The Bank Secreacy Law). Needless to say, any investigation report which the AMLC and its Secretariat may have prepared in the exercise of its investigative power may not be unnecessarily disclosed before a case is actually filed in court,” it said.

It added that assuming AMLC has any investigation report on the accounts of the five, it may only be disclosed solely for the purpose of prosecuting money laundering offenses or unlawful activities. 

 

It further said that Estrada failed to specify the purpose for which he will use the AMLC report “hence, there is no basis for the AMLC to determine the propriety of allowing the disclosure of such report.”

 

“Accused Estrada was not certain, or did not have any idea at all, whether the requested documents would disprove the prosecution’s theory that a portion of PDAF allocation, amounting to P183,793,750, was amassed, accumulated, and/or acquired by the said accused,” it said.

 

AMLC also said that if it has any investigation report on the bank accounts of Luy and others in relation to the pork barrel scam, the report would be irrelevant and immaterial to the issue.

 

“Even if the AMLC’s report would show that the bank accounts of Luy et al indeed received part of the PDAF allocations, such fact does not necessarily negate the possibility that accused Estrada amassed, accumulated, and/or acquired the amount P183,793,750 as claimed by the prosecution,” it said.

 

AMLC also said that if it indeed conducted a bank inquiry in relation to the pork barrel scam, its report would necessarily contain pieces of information that come from confidential sources which may not be disclosed at this time and other names who are not the subject of the request.

 

It further said that only the Court of Appeals may authorize the disclosure of any information pertaining to a petition for a freeze order. 

 

The council said if Estrada believes that production of the bank transaction records of Luy and others is not in violation of the Bank Deposit Secrecy Law “we see no reason why the subject subpoena duces tecum may not be directed to the concerned banks instead of the AMLC.'

The AMLC is a collegial body composed of the governor of the Bangko Sentral ng Pilipinas as chairman, the commissioner of the Insurance Commission, and the chairperson of the Securities and Exchange Commission as its members. — JDS, GMA News