LIVE UPDATES: Vice President Sara Duterte’s Impeachment Trial (Day 33)

Today is the 33rd day of the impeachment trial of Vice President Sara Duterte, with Anti-Money Laundering Council (AMLC) Executive Director Ronel Buenaventura expected to testify on covered and suspicious transactions involving Duterte, her husband Manases Carpio, and several companies.

3:25 p.m. – Regarding dollar accounts being strictly confidential, Escudero says under RA 9160 or the Anti-Money Laundering Act, covered institutions and employees do not violate RA 6426 or the Foreign Currency Deposit Act of the Philippines. He adds that the Bangko Sentral ng Pilipinas’ manual regulation on foreign exchange provides that the  absolute confidential nature of foreign currency deposits under FCDA shall not apply to a covered institution that reports foreign currency deposits in covered transaction reports or suspicious transaction reports to the AMLC.

3:14 p.m. – Buenaventura confirms there are two STRs in 2019 involving the account of VP Duterte. He reads the narrative in the report and says that several news outlets released a list of individuals and corporations involved in the DPWH flood control issue. According to Buenaventura, the reason of the covered person for filing the STR is graft and corrupt practices. 

3:07 p.m. – Divinagracia moves on to Suspicious Transaction Reports (STRs). Buenaventura says there are 34 STRs on the Vice President. 

3:06 p.m. – Buenaventura says there are CTRs amounting to more than P193 million supposedly under the joint account of former President Duterte and VP Duterte.

Screenshot from Senate livestream

2:52 p.m. – Buenaventura confirms there are also seven CTRs on Carpio all dated March 28, 2014 and reported by the Bank of the Philippine Islands J. Vargas branch. 

Screenshot from Senate livestream

2:50 p.m. – Vinluan objects, says Carpio is not an impeachable official and it is unfair because he is not represented by a counsel. Escudero overrules the objection, says the marriage of Duterte and Carpio is governed by absolute community of property and is part of the SALN declaration of the VP.

2:44 p.m. – Buenaventura says there are six transactions in the CTRs on Carpio amounting to a total withdrawal of P41 million. The transactions are all dated Aug. 6, 2024.

Screenshot from Senate livestream

2:39 p.m. – Trial continues.

2:30 p.m. – The prosecution flashes CTRs on Carpio. Vinluan asks for a short wellness break and Escudero gives 10 minutes.

2:24 p.m. – Divinagracia says the prosecution will demonstrate, through the Statement of Assets, Liabilities, and Net Worth (SALN) and other records, that the mentioned financial assets do not appear in the assets disclosed by VP Duterte for the years 2019, 2020, 2021, and 2022 in order to establish pattern and baseline. Vinluan objects, says Divinagracia can just ask questions and not make manifestations. Escudero tells Divinagracia to avoid making conclusions of fact and law on matters that will be presented later.

2:22 p.m. – Two transactions are also highlighted in the direct examination amounting to P2,020,879.39 dated September 22, 2022
Screenshot from Senate livestream

2:14 p.m. – There were also two transactions dated December 28, 2020 reported by the Philippine Savings Bank Wilson branch. Both had the amount of P2,005,340.22.

Screenshot from Senate livestream

2:10 p.m. – Escudero tells both panels to let the proceeding be about the witness and what he will say and not the legal arguments of both counsels. 

2:07 p.m. – Senator-judge and Minority Leader Alan Peter Cayetano says the Supreme Court, during the Corona impeachment trial, ruled that dollar accounts are strictly confidential. He pointed out, however, that Buenaventura did not pause when it came to dollar transactions and did not ask if the court would allow him to testify on this. Cayetano: “Where is the line between transparency, accountability, and when is there a strict interpretation of the law?”

1:50 p.m. – A CTR from the Phil Savings Bank – Wilson branch involves two transactions on Dec 26, 2018 each amounting to more than P1.9 million. DTDPD – means time deposit placement debit memo. DTDYK means time deposit payment credit memo. 

Screenshot from Senate screenshot

1:45 p.m.  – According to Divinagracia, there are at least 40 other CTRs involving dollar accounts allegedly registered under the Vice President and her husband.

1:43 p.m. – Divinagracia shows another transaction entry. Buenaventura says this was reported by the Bank of the Philippine Islands involving P9,785,744.55 or USD225,581.94 under the account of former Pres. Duterte and VP Duterte transacted on March 9, 2011. 

Screenshot from Senate livestream

1:37 p.m. – Divinagracia shows a slide with a CTR citing an over the counter cash withdrawal amounting to P9,109,644.80 or USD 221,322.76. Buenavantura says this was reported by the Bank of the Philippine Islands J. Vargas branch. The transaction happened on April 8, 2013. The account owners, according to the witness, are former President Rodrigo Duterte and VP Duterte. 

1:30 p.m. – Buenaventura says there are 373 Covered Transaction Reports (CTRs) on Duterte and 363 CTRs on Carpio or a total of 666 CTRs.

Screenshot from Senate livestream

1:27 p.m. – Vinluan objects to the flashing on the screen of Buenaventura’s summary, asks that the prosecution just cite the information in the document. Escudero allows the slides to be shown. He says Buenaventura already answered earlier that he is testifying on the document with the belief that he is in full compliance with the law and is aware of potential liabilities. Escudero notes that each page of the summary has a strictly confidential mark.

1:17 p.m. – Senator-judge Imee Marcos, a primary author of the AMLA: “There is no mention of an exception for impeachment proceedings that is found, as the Presiding Officer well knows, only in the Bank Secrecy Law.” 

1:15 p.m. – Senator-judge Francis Pangilinan says Escudero’s ruling is behind jurisprudence and the law. Pangilinan was one of the two primary sponsors of AMLA in 2001. Pangilinan: “It would be absurd that a private bank in an impeachment case, trial, can be compelled to divulge bank records, while the AMLC, which is the government entity that is supposed to address issues of criminal activity and money laundering, cannot be compelled to present AMLC transactions and records.”

1:10 p.m. – Cayetano says presenting bank representatives first would have been more constitutionally compliant.

1:09 p.m. – Senator-judge Pia Cayetano is recognized. She earlier requested to comment on Escudero’s ruling allowing the presentation of Buenaventura. She says there is an exception on confidentiality under the Bank Secrecy Law, but this is not found in the AMLA. Cayetano: “When we proceed with an interpretation that the AMLA law now allows for bank records to be presented in the impeachment court, it puts a cloud of, it puts a cloud over the impeachment proceedings.” She mentions the Bill of Rights which ensures that no person shall be deprived of life, liberty, and property without the due process of law. 

1:01 p.m. – Trial resumes. 

11:47 a.m. – The Impeachment Court goes on lunch break and will resume at 12:30pm.

11:39 a.m. – Covered persons, according to Buenaventura, include entities supervised and regulated by the Bangko Sentral ng Pilipinas, Insurance Commission, and Securities and Exchange Commission. Covered persons also include non-financial businesses and professions such as casinos and real estate brokers.

11:25 a.m. – Vinluan asks Buenaventura if he prepared slides because some were shown while he was answering what covered and suspicious transactions are. Divinagracia stresses that Buenaventura is not coached. Vinluan says he will not belabor the point.

11:23 a.m. – The first subpoena sent to AMLC requires it to submit records from Jan 1, 2007 to Dec. 31, 2025 relating to Duterte, Carpio and entities related to them such as Metro City Chow Food Corporation, GenCorp Industries, 888 Bistro, and Calle88 Foods Corporation.

11:10 a.m. – A suspicious transaction report (STR), meanwhile, is a report where covered persons found there is a presence of suspicious circumstance in an account or transaction, according to Buenaventura. An example of a suspicious circumstance is when a transaction is not commensurate with the capacity or business profile of a client. Screenshot from Senate livestream

11:06 a.m. – The AMLC uses covered transaction or CTR reports in analyzing whether money laundering was committed.

11:04 a.m. – Buenaventura says a covered transaction is any transaction in cash or monetary instrument in excess of P500,000 in a banking day.  

Screenshot from Senate livestream

11:01 a.m. – Buenaventura on what money laundering is: “Ito po ‘yung pagpapalabas na ‘yung pera galing sa illegal activity ay malinis po.”

10:48 a.m. – Senator-judge Joel Villanueva supports Escudero’s ruling. Villanueva says the confidentiality of bank deposits is an important policy of the State, but it has never been absolute. Villanueva mentions that the Bank Secrecy Law recognizes cases of impeachment as exemption to confidentiality of ordinary peso bank deposits. 

10:45 a.m. – Escudero adds that Section 8-A protects AMLC information from leaks and unauthorized disclosure and cannot be construed to disable AMLC from performing its investigative and litigation functions. He explains that AMLC is not a passive repository and that confidentiality cannot be invoked in a manner that defeats its statutory mandate. Escudero: “The motion to exclude is denied.” 

10:40 a.m. – Escudero makes a ruling. He says Section 8-A of RA 9160 must be considered, but it does not follow that the AMLC reports have become absolutely immune from the compulsory process. Escudero: “Compliance with a lawful order subject to proper safeguards does not constitute, to the mind of the court, such a breach.” 

10:33 a.m. – According to Vinluan, the Vice President is not hiding anything, but the information must go through the proper process of verification in accordance with the law, and should not be publicized in an improper and malicious way. He moves for the exclusion of the witness, and says Duterte reserves the right to pursue all appropriate legal remedies against those who will violate the law and her rights.

10:31 a.m. – In her Offer of Testimony, Divinagracia says almost P4.5B flowed from 2022 to 2025 through the 15 corporations which Vice President Sara Duterte and her husband, Atty. Manases Carpio, have interest in.   Divinagracia adds this is different from the P44.4B which flowed through the accounts of the couple. 

10:25 a.m. – Escudero asks Buenaventura if he will violate Republic Act 9160 or the Anti-Money Laundering Act (AMLA) by testifying. Buenaventura says he will not commit any violation because AMLA allows them to promulgate rules regarding the handling of confidential documents, and that their internal rules allow them to comply with competent authorities like courts. Buenaventura adds that the AMLC issued its information exchange guidelines in 2022.

10:20 a.m. – Atty. Mae Divinagracia will represent the panel of prosecutors;  Atty. Mark Vinluan will represent the respondent.

10:19 a.m. – Today’s witness, Anti-Money Laundering Council (AMLC) Executive Director Ronel Buenaventura, is called to the witness stand.

10:18 a.m. – Tulfo says it is about time to admonish Tongol: “This is not the first time. Maraming beses na siyang sumablay.”

10:16 a.m. – Escudero adds that the mentioned timetable is based on math and not on the reality on the ground. He clarifies that the December 16 verdict is not the point of view of the court. Escudero: “The Court will instruct the spokesperson accordingly.”

10:15 a.m. – Senator-judge Raffy Tulfo says it might be about time to issue a warning on Impeachment Court Spokesperson Atty. Reginald Tongol. Tulfo says he received calls over the weekend saying Tongol allegedly prejudged the outcome of the impeachment trial by saying in a media interview last week that a final verdict may be reached on December 16. Escudero says that is not entirely accurate, and that the statement on the timetable can only be based on the pretrial order. 

10:10 a.m. – Escudero: “Hindi tayo puwedeng mawalan ng loob sa ating ginagampanang tungkulin, hindi tayo puwedeng pumatol at dapat ipawalang bahala na lamang anomang pag-aalburoto, anomang pagsasalita, anomang tanim na galit na nilalabas ninoman sa husgado at sa hukumang ito. We will be focused on our job at hand.” “We shall not be distracted nor detracted by the rantings or tantrums of anyone inside or outside of this courtroom.” 

10:07 a.m. – Senator-judge and Presiding Officer Francis Escudero reminds everyone to not lose sight of their common purpose, says their duty is not to prevail over one another, but to assist the court in the fair and orderly administration of justice.

10:03 a.m. – Quorum is declared with 14 Senator-judges present.

10:01 a.m. – Day 33 of the #VPOnTrial begins.