Juan Ng decries Sandiganbayan summons on bank account

Private person Juan Ng has moved for the junking of the subpoena issued by the Sandiganbayan Fifth Division on several documents pertaining to his bank account, which is allegedly owned by Senator Jinggoy Estrada.

In a motion recently submitted to the Fifth Division, Ng maintained that he is the real owner of the bank account with China Bank Corporation (CBC) Corinthian Hills, Quezon City branch, which the court had earlier ordered to be presented in court for the hearing of Estrada's petition to post bail for his plunder case in connection with the pork barrel scam.

"Juan T. Ng has not given his consent to the Bank and/or any of its official and employees to divulge or disclose any and all information pertaining to his said account," Ng, through his lawyer Joel Ferrer, said in a motion.

Ng maintained that divulging information pertaining to his bank account without his consent is a violation of his right to privacy under the Bank Secrecy Law.

Ng pointed out that under Section 2 of Republic Act 1405 or the Law on Secrecy of Bank Deposits, "all deposits of whatever nature with banks and banking institution in the Philippines...are hereby considered as of an absolutely confidential nature and may not be examined, inquired or looked into by any person, government officials, bureau or office" except when there is an expressed permission from the depositor or when the depositor is subject to the litigation of the court.

"Neither is the aforementioned account of Juan T. Ng subject of the litigation in this case with the Honorable Court. Parenthetically, Juan T. Ng has not given consent to anyone to disclose information on his said account nor to examine and inquire the same," Ng's motion read.

"It is in this light that Juan T. Ng reverently seek leave of court to quash the aforementioned subpoena issued by the Honorable Court," Ng added.

Ng has also decried the inclusion of his three bank accounts in the Anti-Money Laundering Council (AMLC) investigation on the bank transactions of Estrada in connection with the pork barrel scam.

The AMLC inquiry report on the bank transactions of Estrada and his alleged dummies was one of the pieces of evidence the prosecution team has presented before the court against the senator.

"The Office of the Special Prosecutor is about to examine or has examined already the transactions and other details of the said account of Juan T. Ng without his consent....The examination and inquiry on the said account of Juan T. Ng may become a fishing expedition trampling on his vested right and incriminate him in the process," Ng said.

According to the AMLC's 90-page inquiry report, at least three bank accounts under Ng's name were dummy accounts of Estrada.

The council said there were indications that it was Estrada himself who controlled the three bank accounts under Ng’s name to hide his alleged kickbacks from the pork scam.

The AMLC report also noted that Estrada's penmanship was “very similar” to the handwriting of Ng on several checks issued by the latter.

Estrada had earlier admitted knowing Ng but denied that he had any transactions with the businessman. Estrada said he only knew of Ng as having a steel roofing business in San Juan City where he used to serve as mayor.

Estrada is accused of amassing P183-million worth of kickbacks for allocating portions of his Priority Development Assistance Fund (PDAF) or pork barrel to the fake foundations allegedly owned by businesswoman Janet Lim-Napoles, the alleged mastermind of the scam.

He is currently detained at the Philippine National Police (PNP) Custodial Center in Camp Crame, Quezon City. -NB, GMA News