The Anti-Money Laundering Council (AMLC) asked the Sandiganbayan to turn
down the motion of Senator Jinggoy Ejercito Estrada who sought to
subpoena the probe made by the AMLC into the accounts of the
whistleblowers.
In its pleading submitted before the Sandiganbayan Fifth Division,
the AMLC stressed that it could not be compelled to produce such
documents before the court.
Estrada’s lawyers had submitted a motion that sought the subpoena of
the probe made by the AMLC into the accounts of whistleblowers Benhur
Luy, Marina Sula, Merlina Sunas, Mary Arlene Baltazar, and even Luy’s
mother, Gertrudes.
Though the AMLC already received last November 21 the subpoena duces
tecum that was issued by the Fifth Division, the AMLC pointed out that
it “deals with very sensitive information, including bank transactions
which are deemed confidential under R.A. No. 1405 (The Bank Secrecy
Act).”
“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 explained in its pleading.
The AMLC added that Estrada even failed to show that his purpose in
requesting the documents is “in line with the investigation and
prosecution of a money laundering offense or any unlawful activities
defined under R.A. No. 9160 (Anti-Money Laundering Act), as amended.”
“For that reason, the AMLC cannot validly give its consent or
authorization on the disclosure of such AMLC report,” said the Council.
The AMLC also noted that it is not in possession of the original records of all bank transactions made by the whistleblowers.
If Estrada believes that the production of the documents is not a
violation of the Bank Secrecy Law, the AMLC indicated that “we see no
reason why the subject subpoena duces tecum may not be directed to the
concerned banks instead of the AMLC.”
