The Senate impeachment court on Monday rejected the defense panel’s bid to exclude the head of the Anti-Money Laundering Council (AMLC) from testifying in the impeachment trial of Vice President Sara Z. Duterte, ruling that confidentiality rules do not place records beyond lawful compulsory process.
Presiding Officer Francis Escudero denied the motion to exclude AMLC Executive Director Ronel Buenaventura but allowed the defense to continue raising objections during his testimony.
“The AMLC witness may therefore identify, authenticate and explain the reports specified in the subpoena,” Escudero said.
He clarified that the ruling does not authorize unrestricted public disclosure and that testimony may be limited to relevant matters or received in camera when necessary.
The defense had argued that Section 8-A of the Anti-Money Laundering Act requires the AMLC and its secretariat to protect information received or processed and prohibits unauthorized disclosure.
It warned that allowing Buenaventura to testify could breach confidentiality rules and set a precedent affecting the financial records of other public officials and private citizens.
Escudero, however, said the law regulates the manner and conditions of disclosure but does not impose “absolute silence under every circumstance.”
He said the confidentiality provision protects AMLC information from leaks, indiscriminate publication and unauthorized disclosure, but does not prevent compliance with a lawful and particularized subpoena issued with safeguards.
The court also cited the Bank Secrecy Law, which expressly allows inquiry into bank deposits in impeachment cases, although Escudero noted that this does not automatically dispose of separate confidentiality rules governing AMLC information.
Before the ruling, Buenaventura told the court that the AMLC was appearing in compliance with subpoenas issued by the impeachment court and with its internal rules on information exchange.
He said AMLC recognizes the court’s authority and is complying only with lawful compulsory process.
Senator-judge Pia Cayetano later asked for a written copy of the ruling and time to study its reasoning, while Senator-judge Joel Villanueva placed on record his view that bank secrecy, while an important policy, has never been absolute in impeachment proceedings.
The defense subsequently said it would submit to the ruling while reserving the right to object to specific portions of Buenaventura’s testimony and to conduct cross-examination “ad cautela,” or as a precaution.
Escudero then allowed the prosecution to proceed with its direct examination of the AMLC chief. (PNA)