Jinggoy lawyers: AMLC report confidential, can’t be used as evidence

Lawyers of detained Senator Jinggoy Estrada on Monday surprised prosecution lawyers with an Urgent Motion to Suppress an important document that could implicate the senator in a money laundering scheme. 

 

In a motion filed Monday morning, Estrada's lawyers claimed that the Anti-Money Laundering Council's report on Estrada's bank accounts was confidential, and therefore should not be used by the prosecution as evidence in Estrada's plunder case.

Estrada is accused of diverting millions of pesos in public funds to bogus NGO's owned by businesswoman Janet Lim Napoles. 

 

"Republic Act No. 10167 (or the Anti-Money Laundering Act,) by allowing inquiry into or examination of any particular deposit, investment or related accounts with any banking institution upon order of any component court 'based on an ex parte application in cases of violations of this Act,' is an ex post facto clause. Hence it may not prejudice the right of senator Estrada not to be subjected to an ex-parte judicial procedure in the application for a bank inquiry order," Estrada's motion said. 

 

Estrada's camp also added that the report was meant for a freeze order of his assets and the evidence therefore is inadmissible in court. 

 

In an interview, Estrada's counsel Atty. Alexis Abastillas noted that to use the AMLC report in the bail proceedings of Sen. Estrada, the prosecution and the AMLC itself must obtain permission from the Court of Appeals, which Abastillas said commissioned the report 

 

"It's supposed to be strictly confidential. It is required by the court of appeals, the AMLC was required by the Court of Appeals to file the report and it is declared there that it is strictly confidential and only for that purpose, for the Court of Appeals. So our stand is, if re-release nila yung report, they should ask permission from the court of appeals first. It is not for them to determine if they should waive their right to confidentiality," she said. 

 

However, Justice Undersecretary Jose Justiniano Jr.  said that no confidentiality clause will be violated if the AMLC report will be presented in court, since as a public official, Estrada waives confidentiality of his bank accounts based on the Statement of Assets and Liabilities law. 

 

"Lahat ng government officials, may waiver kami in favor of the Ombudsman to examine our bank accounts. Ibig sabihin niyan since may waiver yung SALN mo to examine your bank account, ginamit naman ng Ombudsman na sila ang mag examine," Justiniano told reporters after the hearing. 

 

During open court, the justices of the Sandiganbayan fifth Divison informed the prosecution that they cannot continue with the direct testimony and examination of the witness from AMLC, due to Estrada's Urgent Motion to Suppress both the witness and the AMLC report. 

 

Since the prosecution again failed to provide a back up witness, Estrada's bail hearing was terminated. 

 

In an interview following his attendance to his bail hearing, Estrada maintained that his camp is not trying to delay proceedings by submitting motions to block the prosecution witness' testimony. Instead, he said he is merely safeguarding his rights as an accused. 

 

"I am guaranteed under the constitution. I have the right to due process. Di naman ako pwedeng basta basta manahimik kung ang naaapektuhan yung aking karapatan. That prompted us to file a motion to suppress. Sa tingin ko illegal ang pag obtain nitong AMLC report ng prosecution eh," he said. —NB, GMA News