The Manila Times
THE husband of Vice President Sara Duterte, Manases Carpio, filed criminal complaints Monday before the Quezon City Prosecutor’s Office against four lawmakers, the central bank governor and the head of the Anti-Money Laundering Council (AMLC), accusing them of violating the Bank Secrecy Law by divulging their bank transactions during a congressional hearing. Named respondents in his complaint were Bangko Sentral ng Pilipinas Governor Eli Remolona Jr., AMLC Executive Director Ronel Buenaventura, and Reps. Gerville Reyes Luistro, Percival Cendaña, Jose Manuel “Chel” Diokno and Leila de Lima and several unnamed others. Carpio’s lawyer, Peter Paul Danao, said the respondents would be facing charges of violating Republic Act 9160 (Anti-Money Laundering Act), RA 1405 (Bank Secrecy Law), and RA 10173 (Data Privacy Act). Carpio, who did not deny that he and the vice president had P6.7 billion in bank transactions over a 20-year period, turned down interviews with the media. Reacting to the filing of charges, the central bank said the “BSP and the Anti-Money Laundering Council continue to perform their mandates in accordance with law, guided by independence, professionalism, and due process” and said it would issue an appropriate response before the proper forum upon receipt of the complaint. Luistro, chairman of the House Committee on Justice, said the case filed against lawmakers was “one of the options” by the defense “to suppress the disclosure of this information.” “As far as the committee is concerned, we maintain the position that we did not violate any law,” Luistro said. Carpio’s lawyer said his client strongly objects to the “conspiratorial act of disclosing and divulging to the general public the purported reports of banks to the AMLC concerning their account deposits, withdrawal, bank balances and related records without prior notice nor prior written consent.” During last week’s House Committee on Justice hearing on the impeachment complaint against the vice president, the AMLC revealed that it had received reports of “suspicious” and “covered” bank transactions amounting to P6.77 billion linked to Duterte and Carpio during a period of nearly 20 years. Carpio in the same complaint said that it was indisputable that the AMLC reports involving his and his wife’s banking transactions were sensitive information that should not be disclosed to anyone. “Neither I nor my wife were previously notified, let alone have consented, to this public disclosure of our confidential bank transactions. Yet, respondents openly divulged these banking transaction reports in a public hearing before the House Committee on Justice,” he said. Carpio maintained that the respondents have “criminally and feloniously” disclosed and unraveled the alleged transaction reports without his consent and despite his objection. In pushing through with the complaint, Danao said they believed that those involved, specifically the respondents, should be criminally penalized for divulging in public the couple’s bank transactions without their full consent. “The prohibition is absolute. There is no exception. In fact, even the media are not allowed to divulge any bank transaction reports,” Danao said. “That’s the same law that was passed and enacted by the members of the House of Representatives themselves,” he added. The BSP emphasized its adherence to due process and the rule of law, saying the central bank will respond once it receives a formal copy of the case. “The governor has yet to receive a copy of the complaint and will respond appropriately upon receipt, before the proper forum,” the central bank said. In an interview on radio DZMM, Luistro said their actions do not violate the Anti-Money Laundering Act, stressing that what they sought during the hearing were not bank records, but covered and suspicious transactions under the AMLA. She said the totality of all laws pertaining to transactions and bank records must be considered during an impeachment investigation. “This is an accountability mechanism and therefore the exception provided in the Bank Secrecy Law must be interpreted in such a way that it should cover any other confidentiality in other existing laws. Otherwise, no impeachment would continue on the ground of unexplained wealth,” Luistro said. Other lawmakers named in the complaint urged Duterte to face the final impeachment hearing on April 29. “My advice to the camp of VP Sara, instead of wasting paper and time in filing cases, they should just face the Committee on Justice hearing on April 29,” Akbayan Rep. Percival Cendana said. Malacañang on Monday said it respects the move of Carpio to file complaints and that it would be up to the court to decide whether or not they will hold. “Anyone has the right to file a lawsuit. The only question is, if it will prosper. So, the Palace and the president are no longer in control of what the court’s decision will be,” Presidential Communications Office Undersecretary Claire Castro said in Filipino in a briefing. WITH NIÑA MYKA PAULINE ARCEO AND KRISTINA MARALIT
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