MANILA — Sen. Francis Escudero, Senate impeachment court presiding officer, on Monday rejected the defense’s bid to exclude Anti-Money Laundering Council Executive Director Ronel Buenaventura from testifying in Vice President Sara Duterte’s impeachment trial.
In his ruling, Escudero said the AMLC witness may "identify, authenticate, and explain the report specified in the subpoena" but stressed that the ruling does not allow unrestricted public disclosure of confidential information.
He said Buenaventura’s testimony must be limited to relevant matters and may be heard in camera — in chambers, or behind closed doors — when necessary.
“Either party may still object on grounds of authentication, relevance, hearsay, completeness, accuracy, admissibility, or evidentiary weight, or the presence or absence of personal knowledge,” Escudero added.
He ultimately denied the defense motion without prejudice to further objections during Buenaventura’s testimony.
DEFENSE'S ARGUMENT
The defense had argued that Section 8A of the Anti-Money Laundering Act prohibits the AMLC and its secretariat from disclosing information obtained in the course of their duties.
Defense counsel Mark Vinluan said the prohibition applies even in impeachment proceedings and argued that allowing Buenaventura to testify "will breach confidentiality, violate the law, and disregard the explicit warning by the AMLC, all in violation of the respondent’s accused rights."
The defense then moved to exclude Buenaventura from testifying and warned that allowing disclosure of the information could set a precedent for the handling of bank transaction records involving other government officials and private citizens.
EXCEPTIONS TO BANK SECRECY
Escudero, however, said the AMLA’s confidentiality provisions should not be interpreted as preventing the AMLC from performing its investigative and litigation functions or complying with lawful subpoenas subject to judicial safeguards.
He also cited Section 2 of Republic Act No. 1405, or the Bank Secrecy Law, which expressly allows the examination of bank deposits in cases of impeachment or any legal proceedings.
“This ruling does not authorize unrestricted public disclosure. Testimony shall be confined only to relevant matters and may, when necessary, be received in camera as the case may be,” he said.
Buenaventura is expected to testify on AMLC records as the prosecution presents evidence for Article II of the impeachment complaint, which involves allegations of unexplained wealth against Duterte.
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