SC affirms subpoena on AMLC in connection with 2009 PNP chopper deal

The Supreme Court has affirmed the issuance of a subpoena against the Anti-Money Laundering Council (AMLC) in connection with the Philippine National Police’s purchase of two secondhand helicopters allegedly owned by former first gentleman Mike Arroyo.

In a 23-page decision, the High Court affirmed the March 2017 resolution and May 2017 order of the Sandiganbayan which denied the AMLC’s motion to quash the subpoena and its motion for reconsideration.

“The Petition for Certiorari is dismissed. The March 28, 2017 Resolution and May 12, 2017 Order of the Sandiganbayan in Criminal Case Nos. SB-12-CRM,0164 are affirmed,” the decision read.

The petition was in connection with the criminal case filed against Arroyo over the alleged purchase of two helicopters by the Philippine National Police in 2009 from Lionair Inc.

Lionair president Archibald Po said that Arroyo was the owner of the helicopters and that Lionair imported them from the United States before selling them.

To verify Arroyo’s alleged payment to Lionair’s account with the Union Bank, the Sandiganbayan issued a subpoena directing then AMLC executive director Julia Bacay-Abad to testify and produce Lionair’s bank records.

However, AMLC moved to quash the subpoena, saying that its information on the bank account is confidential under the Anti-Money Laundering Act.

The Sandiganbayan ruled that the disclosure of the bank records was outweighed by the importance of the documents.

According to the High Court, the subpoena issued by the Sandiganbayan passed the test of definiteness.

“It gave credence to respondents’ arguments that the documents sought are material and relevant to the issues and are properly described and identified,” the decision read.

“Thus, the Sandiganbayan did not commit grave abuse of discretion in issuing the subpoena,” it added.

Further, the SC said the petitioner failed to show how it would have difficulty retrieving the records as the banking system allows for easier retrieval of records.

It also ruled that the criminal prosecution of such offenses “would be unduly hampered” should the AMLC be prohibited from disclosing such information and that the AMLC is going against its own functions should it refuse to disclose the information.

“Instead of avoiding compliance with the Subpoena, the petitioner must firmly perform its mandate as an investigatory body and independent financial intelligence unit,” the SC said.—AOL, GMA News