VP trial: Witness not scared, concerned over confidentiality violations

MANILA, Philippines – The prosecution’s expert witness, forensic financial analyst Atty. Alexander Cabrera, said on Monday that he is not scared or concerned about violating confidentiality laws when he received Vice President Sara Duterte’s financial records to examine. 

Cabrera declared this during the cross-examination of defense counsel Atty. Kristine Ferrer, who cited confidentiality provisions of the Anti-Money Laundering Act (AMLA), the Bank Secrecy Law, and National Internal Revenue Code (NIRC).

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“When you received these subpoenaed documents, did it ever occur to you that you or the person who provided the documents – the bank officers, the AMLC (Anti-Money Laundering Council) officers, or the BIR (Bureau of Internal Revenue) officers – may be violating confidentiality laws?” Ferrer asked.

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Cabrera answered: “Wala po akong concern doon. Ang concern ko lang po ay matanggap po yung documents from the prosecution. Wala po akong concern outside of that po.”

(I have no concern about that. My only concern is to receive the documents from the prosecution. I have no concern outside of that.)

Ferrer then cited Section 8A of Republic Act 9160, or the AMLA, which prohibits AMLC officials and staff from revealing, in any manner, any information known to them by reason of their office.

She also mentioned Section 14C and 14D of the amended AMLA, which state the penalties. 

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“I will no longer specify the penalties, but it includes imprisonment and a fine, but this is not meant to scare you,” Ferrer stated.

To which Cabrera responded: “I’m not scared naman po.”

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(I’m not scared.)

“As a lawyer, you did not feel concerned about the furnishing of AMLC documents to you, and information also to you without the permission of the impeachment court may violate these provisions recited earlier?” Ferrer asked again.

“Dahil natake up na po sa House, at dahil napagtalunan na po sa House, ang nasa isip ko ay, okay lang na tanggapin ko,” Cabrera explained, referring to the House justice panel’s hearing on Duterte’s impeachment complaints.

(“Because it has already been taken up in the House, and because it has already been debated in the House, what I’m thinking is, it’s okay for me to accept it,”)

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Moreover, Ferrer mentioned Section 2 of the Bank Secrecy which states that “all deposits of whatever nature with banks or banks investments… are hereby considered as of an absolutely confidential nature.”

“Having known this law, as a lawyer, you did not feel concerned also by the furnishing of copies of bank docs to you without the authority of the impeachment court?” Ferrer inquired.

“Kaya hindi po ako concern kasi sa [RA] 3019 po na siya pong Sec 8 na nagsasabing yung acquisition of property na manifestly disproportionate sa income sinasabi po niya na bank deposits shall be taken into consideration,” Cabrera noted, but he was stopped by Ferrer from answering.

(That’s why I’m not concerned because [RA] 3019, which is Sec 8, says that the acquisition of property that is manifestly disproportionate to income, it says that bank deposits shall be taken into consideration.)

R.A. No. 3019 is the Anti-Graft and Corrupt Practices Act.

Ferrer questioned Cabrera’s concern once again, citing Section 270 of the NIRC, which forbids BIR personnel from divulging any confidential information gained from taxpayers, including taxpayers’ business, income, and estate, among others.

“Hindi ko po problema maging concerned po doon eh. Tatanggapin ko lang po yung document at akin pong i-examine at bibigyan po ng analysis,” Cabrera reiterated.

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(I don’t have a problem being concerned about that. I will just accept the document and examine it and give an analysis.) /jpv