ANTI-MONEY Laundering Council (AMLC) confidentiality is not absolute, House prosecutor Terry L. Ridon of Bicol Saro Party-list said Saturday, arguing that the agency itself discloses financial information to courts when seeking freeze orders.
Ridon said this undermines arguments that confidentiality rules prevent AMLC records from being presented before the Senate impeachment court in Vice President Sara Z. Duterte’s trial.
He pointed out that the AMLC routinely provides information to the Court of Appeals when it seeks orders to freeze assets suspected of being linked to unlawful activities.
“Kung absolute po ’yung confidentiality, hindi sila puwedeng magbigay ng impormasyon sa korte para makapag-freeze po ng assets, hindi ba?” Ridon said during the Saturday News Forum at Dapo Restaurant in Quezon City.
“So in a similar situation, bakit hindi pwedeng makapagbigay ng impormasyon ang AMLC sa Senate impeachment court na hindi ho nag-derive ng kapangyarihan mula sa judiciary kundi mismong may sarili pong provision sa ilalim po ng 1987 Constitution?” he added.
In August, the AMLC secured a Court of Appeals freeze order covering 55 bank accounts and four insurance policies linked to a lawmaker, a construction company and other individuals over alleged violations of the Anti-Graft and Corrupt Practices Act.
Ridon also pointed to provisions allowing the AMLC to exchange information with other authorities as another reason he believes its confidentiality requirement cannot be considered absolute.
“Ibig sabihin, kung pwede information exchange sa ibang mga opisina, hindi totoo ’yung absolute confidentiality. Kasi ‘pag mag-exchange ka ng information, eh di nag-disclose ka ng datos, hindi ba?” he said.
The issue has become relevant to the impeachment trial as prosecutors seek to present AMLC records involving Duterte, her husband, lawyer Manases Carpio, and companies linked to them.
The Senate impeachment court in July granted the prosecution’s request to subpoena AMLC, bank and tax records after finding the documents prima facie relevant and material to the allegations under Article II.
AMLC Executive Director Ronel Buenaventura is expected to take the witness stand Monday after his testimony was deferred to give the defense more time to review financial records and prepare for his examination.
While maintaining the prosecution’s position that AMLC confidentiality does not bar the presentation of the records, Ridon acknowledged that the impeachment court will ultimately rule on the issue.
“We will leave it to the Senate impeachment court to decide on that day,” he said.
metrosundaily
