AMLC director to testify in impeachment trial on Monday

MANILA — The impeachment court on Thursday moved the appearance of the Anti-Money Laundering Council head to Monday next week, following the defense team’s request for time to study documents concerning the bank records of Vice President Sara Duterte and her husband. 

AMLC Executive Director Ronel Buenaventura was supposed to take the witness stand on Thursday, the first day of the supposed two-week, full-day marathon trial, as part of the prosecution’s presentation on the second article of impeachment, accusing Duterte of amassing unexplained wealth.

Before his supposed presentation, lead defense counsel Sheila Sison manifested that her team received the AMLC’s 11-page summary report late morning of the same day. 

She said the defense would need to review 23 to 24 boxes of documents to perform its roles in the direct and cross-examinations. 

Duterte’s team also noted that it may raise an issue on the supposed absolute confidentiality binding the records. 

“We note that when this court ruled to grant the request of subpoena of the prosecution in July, the limitation of that ruling was only on the issuance of the subpoena,” Sison said. 

Trial presiding officer Francis “Chiz” Escudero ruled to postpone Buenaventura’s testimony on Monday, to be followed by officials from banks, insurance companies and the Bureau of Internal Revenue. 

In response to the defense’s manifestation, prosecution counsel Chel Diokno said the other party was provided with the documents way back on September 2, which should already give ample time to study and prepare for the examinations of the AMLC director. 

Senator-judge Vicente “Tito” Sotto said he had a “strong reservation” about postponing the proceedings. 

“All this time, I thought that the prosecution and the defense have been ready with this since July, since the time we took an oath.”

“I don’t think many would enjoy a postponement only because they were not given proper time,” he added. 

Senator-judge Alan Peter Cayetano meanwhile described the topic the AMLC director will testify on as the “main event” of the trial, adding that fairness should remain in the trial that had already faced several issues even before it began on July 6. 

“We have to balance the speed with fairness,” he said. 

Cayetano also said the defense is only asking for Thursday afternoon and Friday. 

Senator-judge Francis Pangilinan, who shared the same sentiment, said: “If we are going to miss one day to be able to process this and have both panels prepared, I would go by allowing that one-trial day delay.”

Meanwhile, the prosecution noted that the defense did not raise any issues on confidentiality upon the court discussion before it ruled for the issuance of subpoena on AMLC records last July. 

Diokno noted that the court’s ruling stands and that “neither the prosecution nor defense has any standing under the rules to move for its reconsideration. If ever, only the members of the court may do so.”

He added that Section 8-A of the revised Anti-Money Laundering Act (AMLA), which contains the confidentiality clause, “was only intended to prevent leaks by officer or employees of the Anti-Money Laundering Council.”

“It was never intended as a blanket shield for any lawful subpoenas issued by a proper court,” Diokno said, adding that even the Sandiganbayan has subpoenaed documents from AMLC. 

Sison, in her rebuttal, said the witness is not only an employee but the AMLC executive director. 

“If the court, as claimed by the defense, recognized the absolute confidentiality, then why did it issue the subpoena in the first place?” Diokno responded. 

Senator-judge Risa Hontiveros also stressed that the confidentiality clause in the AMLA targets employees who indiscriminately leak information, and not subpoenas issued by a proper court. 

“Ang isang absolute reading ay magiging kabulastugan dahil hindi na po magagawa ng AMLC ang mismong trabaho niya kung bakit siya nilikha ng ating batas,” she said. 

The senator also underscored that the court’s ruling on the issue may set a precedent for future impeachment courts that would need to summon AMLC. 

The trial will resume on Monday at 10 a.m.