Defense, prosecution debate AMLA's confidentiality provision in Duterte trial

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The House prosecution and Vice President Sara Duterte’s defense counsel clashed over the Anti-Money Laundering Council’s (AMLC) confidentiality provision on the 32nd day of the trial.

On the day before the prosecution was meant to present AMLC Executive Director Ronell Buenaventura as a witness, Duterte’s lead defense counsel, Attorney Sheila Sison, requested to move his testimony to Monday, arguing that their camp was not given enough time to prepare for the voluminous records.

“In addition, of course, to our objection that we may raise on the confidentiality, absolute confidentiality, of these records,” Sison said.

Sison said that the summaries which were presented to them had a confidentiality mark. She cited Section 8-A of Republic Act 11521 or the amended Anti-Money Laundering Act, which mandated that AMLC employees should protect the information they learn.

She also argued that when the impeachment court ruled to subpoena the AMLC records in July, the ruling did not prohibit any further objection.

House prosecutor Diokno, however, stated that the defense already had access to all of the AMLC documents since September 2. Moreover, Diokno said that Section 8-A does not prevent the AMLC records from being discussed.

“It does not, and constitutionally cannot, nullify the lawful subpoena powers of the Senate sitting as an impeachment court where compliance with the lawful constitutional subpoena is a justifying circumstance that, if at all, would extinguish any penal liability under Article 11, Paragraph 6 of the Revised Penal Code, for any person acting in obedience to an order issued by a superior or some other lawful purpose,” Diokno said.

“I believe I have said this before, that Section 8-A was only intended to prevent leaks by officers 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,” he added.

Diokno said that the Sandiganbayan has already issued subpoenas to AMLC officers before, where they presented documents. The Senate, as an impeachment court, was no different, Diokno said.

He further argued that the defense cannot move to reconsider the ruling of the impeachment court, and only a senator-judge could.

Impeachment court presiding officer Senator-Judge Francis Escudero said that out of an abundance of caution, he would prefer to have the defense review the documents again. This would also allow senator-judges to look at the materials as well.

“Out of courtesy and equity, the chair grants the time requested by the counsel for respondent for time to prepare for the cross-examination, rather, to prepare for the direct and cross-examination of the AMLC witness on Monday,” Escudero said. –NB, GMA News