Tolosa: AMLC can share records with foreign counterparts, impeach court

MANILA, Philippines — The Anti-Money Laundering Council (AMLC) is allowed to share information with foreign counterparts, giving further basis for it to provide financial records to the Senate impeachment court, prosecution legal spokesperson and counsel Benjamin “Jay” Tolosa Jr. said Saturday.

Tolosa made the argument amid the defense’s continuing questions over the confidentiality of AMLC records to be presented in Vice President Sara Duterte’s impeachment trial.

He pointed out that AMLC rules allow the agency to exchange information with foreign financial intelligence units and other authorities under specified conditions.

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“As pointed out during the hearings, if the AMLC can share information even with foreign counterparts, then all the more can it share these documents with the constitutional institution that is the impeachment court,” Tolosa said during the Saturday News Forum at Dapo Restaurant in Quezon City.

Tolosa said applicable laws do not impose an absolute prohibition that would prevent the impeachment court from compelling the production of AMLC records.

“The reason is that, with respect to AMLC records, there is no absolute prohibition under the applicable laws that would prevent the impeachment court from issuing a subpoena to compel the presentation of these documents,” he said.

The Senate impeachment court in July granted the prosecution’s request to subpoena the AMLC and bank records of Duterte and her husband, lawyer Manases Carpio, after finding the requested documents prima facie relevant and material to the allegations under Article II.

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The court also ruled that Section 8-A of the Anti-Money Laundering Act regulates unauthorized disclosures by AMLC personnel but does not nullify the lawful subpoena powers of the Senate sitting as an impeachment court.

Tolosa said the defense could still raise objections when AMLC Executive Director Ronel Buenaventura testifies and when prosecutors formally offer the records as evidence.

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“We can’t prevent them from doing that,” he said.

Buenaventura is expected to testify Monday after the impeachment court granted the defense additional time to review the AMLC records and prepare for his examination.