Sen. Sherwin T. Gatchalian
S00001The sergeant at arms is directed to make a proclamation.
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The sergeant at arms is directed to make a proclamation.
Report correctionAll persons are commanded to keep silent under pain of penalty while the impeachment court is in session for the trial of Vice President Sara Zimmerman Duterte.
Report correctionThe impeachment trial of Vice President Sara Zimmerman Duterte is hereby called to order. We shall be led in prayer by Senator-Judge Vicente C. Soto III.
Report correctionEl Padre Nuestro, Almighty God, Great Architect of the Universe, we humbly come before you to ask for your forgiveness.
Report correctionPatawarin niyo po kaming sa aming mga pagkakasala at pagkukulang. Mahal na Panginoon, ibukas mo ang aming mga damdamin sa mga katotohanan at imuhulat mo ang aming mga mata ng nabubulagan. In the name of
Report correctionthe Father, and of the Son, and of the Holy Spirit. Amen.
Report correctionSenator-Judge, Pangilinan, Senator-Judge, Sotto III, Senator-Judge, Tulfo Erwin, Senator-Judge, Tulfo Raffi, Senator-Judge, Villanueva, Senator-Judge, Villar Camil, Senator-Judge, Villar Marc, Senator-Judge, Zubiri, the Presiding Officer, Senator-Judge Escudero, the Senate President, Senator-Judge, Gachal Llano.
Report correctionWith 14 Senator-judges present, the Chair declares the presence of a quorum. In accordance with the Rules of Procedure on Impeachment Trials The chair now recognizes the duly elected presiding officer to preside over the proceedings of the impeachment court.
Report correctionThank you, Mr. President. If there are no objections, we shall dispense with the reading of the October 1, 2025 Journal of the Senate sitting as an impeachment court and shall consider the same as approved.
Report correctionThe clerk of court will please call the case before the impeachment court.
Report correctionCase number 004-2026 in the matter of impeachment trial of Vice President Syrah Zimmerman Duterte.
Report correctionBefore asking for the appearances of the parties, allow the Presiding Officer to address both the Court, the parties, and the public.
Report correctionAllow the Court to state for the record a short quote from Justice Sandra Dale Conner.
Report correctionThe justice system cannot function effectively when the professionals charged with administering it cannot even be polite to one another. The Chair understands that patience is wearing thin, tensions are running high, and tempers are beginning to fray. But we must not lose sight of our common purpose. Our duty is not to prevail over one another but to assist this Court in the fair and orderly administration of justice. This reminder applies not only to counsel present before this Court, under the brightest spotlight on the largest stage, but to every lawyer beyond this courtroom. Let all be reminded that Canon 2, Section 2 of the CIPRO requires every lawyer to deal with fellow members of the Bar with courtesy, civility, fairness, and candor. To non-lawyers, Justice Kennedy said it more aptly, quote,
Report correctionbut it only survives in civility. That responsibility belongs to everyone touched by these proceedings. Counsel, non-counsels alike, parties, non-parties alike, witnesses and putative witnesses alike, public officials, commentators, and observers alike. Disagreement may be vigorous and criticism unsparing, but no cause is strengthened by contempt. No institution is preserved by conduct that strips another person of his or her dignity. Our duty is not to conquer one another in these proceedings, but to eliminate the truth and serve the cause of justice. Let the arguments be forceful but never personal. Let the contest be exacting but never degrading. And when these proceedings are concluded, let it be the law Not anger, not pride, nor applause. Be the final word. Kinikilala po ng presiding officer na sa yugtoy ito ng ating paglitis, medyo maikli na ang pasensya ng karamihan, medyo mataas ang emosyon ng ilan, at medyo naguumapaw ang galit, puot, at inis. Bugso ng anumang nakikita o napapanood nila sa mga pagdinig na ito. Subalit, hindi tayo pwede mawala ng loob sa ating ginagampanan tungkulin. Hindi tayo pwede.
Report correctionWe will be focused on our job at hand and that is to try and decide this impeachment case based on the evidence with justice and with fairness. We shall not be distracted nor detracted by the rantings or tantrums of anyone inside or outside this courtroom. Because at the end of the day, it's not about me. It's not about you. It's not about any one of us here. Rather, it is about the country, our people, accountability, justice, and fairness.
Report correctionAgain still, before we proceed to allowing the parties to make their appearances, Court would like to take up matters arising from the previous hearing.
Report correctionAs pointed out by some Senator-Judges. Yes, Senator-Judge Tulfo.
Report correctionMr. Presiding Officer, I remember nag-issue kayo ng warning dati sa spokesperson ng Prosecution. In the same manner, nag-issue din kayo ng warning sa spokesperson ng Defense. Now it's about time na mag-issue tayo ng warning. sa sarili nating spokesperson. Why? Kasi over the weekend, marami akong mga kakilala, kaibigan, tumawag sa akin. Sabi, na-pre-judge niyo na agad yung outcome ng impeachment kasi itong si Reynald Tongol, Tongol ba ito? Sorry kung mispronounce ko ang pangalan niya, na nagsalita sa media na sa December 16 ay makakaroon daw tayo ng final verdict. sa impeachment trial ni VP Sara. How true is it, Mr. Presiding Officer?
Report correctionYes, but that statement is not entirely accurate. Whatever statements on timetable that came out over the weekend can only be based, rather, on the pretrial order, which stated that the prosecution asked for 60... One, 62 days, I believe. And the respondent asked for 30 trial dates. If you put that computation and apply it accordingly, then you will look at the timetable depending on whether or not we have cancelled trials, as we did last week, we had two cancelled trials. So that is just simply based on the calendar contained in the pretrial order. But the court, at this point in time, let it be placed on record and let it be known. It's based on math, not based on the realities on the ground of the trial. It may be a working mathematical equation, but certainly not based on reality, much less is that the point of view of the court. The court will instruct the spokesperson accordingly.
Report correctionButi pa siya, marami siyang alam. Itong mga Senator-Judges, mga kasamahan ko, there are things na hindi namin alam, nabubulagahan na lang kami pag nag-duck-duck siya sa media, kumbaga inuunahan niya tayo, pinipremp niya tayo.
Report correctionThank you, Senator-Judge Raffi. We will take it in advisement and shall act accordingly based on the Senator-Judge's manifestation this morning.
Report correctionAgain, before proceeding to another matter, Chair would like to clarify where we are. Right now.
Report correctionThe presiding officer pursuant to a directive issued during the October 1, 2026 trial, the clerk of court issued an advisory dated October 1, 2026 on the order of presentation of witnesses by the panel of prosecutors for the week covering October 5 to 8. First will be the Anti-Money Laundering Council today. followed by bank representatives and representatives from insurance and investment companies tomorrow and then witnesses from the BIR. We are also in receipt of a manifestation coming from the prosecution on the presentation sans the issuance of a subpoena or without the issuance of a subpoena to Attorney Alexander Cabrera.
Report correctionto be presented after the BIR. May the court allow the parties to enter their appearances now, so the court will make an inquiry from the parties.
Report correctionThank you. Who will present the AMLC, Honorable Redon?
Report correctionGood morning, Your Honor. Same appearance for the respondent accused.
Report correctionWhile you're there, Atty. Sheila, before turning it over to whomsoever will handle the AMLOC official, may we ask if you already got the manifestation of the prosecution pertaining to Atty. Cabrera as well as the
Report correctionsupposed Annex A, which I don't have, which is the table and or summary that he prepared. Have you received it, Atty. Sheila?
Report correctionWe did your honor. However, we only received this by email last Saturday at around past 8 p.m. And we had difficulty, in fact, accessing the accompanying Microsoft SharePoint. But nonetheless, we would just like to put on record that the notice given for the presentation of this new witness is less than the five-day
Report correctionClerk of Court is directed to furnish the respondent with a hard copy of the manifestation as well as the attachment, Annex A, which the Presiding Officer doesn't even have to as of yet. We note the manifestation of Attorney Sheila in any event. I think that will happen if at all. After the BAR, which is probably Thursday or Friday this week, I suppose. I really cannot tell, depending on how long the direct and cross-examination and interjections of the parties will be. What is the pleasure of the Honorable Diokno?
Report correctionJust a clarification from the defense, if your honors, please.
Report correctionAttorney Sheila mentioned that they had difficulty in opening the attached file, but may I know if they were able to open it?
Report correctionYes, we did. We did after one whole day, Your Honor. I think we only were able to open it last night, Your Honor. Thank
Report correctionAttorney Sheila, who will handle... No, let me proceed first with this before asking you who will handle...
Report correctionOctober 1, the impeachment court received summaries from the Anti-Money Laundering Council in response to a request from the panel of prosecutors for their preparation. Counsel for Respondents subsequently manifested that it received copies of the summaries. The court receives the summaries of the following. CTRs and STRs.
Report correctionCTRs and STRs involving the 15 juridical persons or personalities from 2007 to 2025. CTRs and STRs involving the Vice President,
Report correctionher spouse, Attorney Carpio, from 2022 to 2025. CTRs and STRs involving 15 juridical persons from 2022 to 2025. CTRs and STRs pertaining to inward remittances of Cali88 Foods Corporation and CTRs and STRs involving insurance policies and investment-related transactions. During the sidebar with the presiding officer with the counsels for the parties, council for respondent cited and erased reservations citing Sections 8A and 14D of Republic Act No. 9160, as well as a provision from its amendatory law, RA No. 11521. The presiding court, through the clerk of court, furnished Senator-Judge's ex-abundante cautela out of extreme caution with copies of the aforementioned sections in the aforementioned laws.
Report correctionBefore the witness is subjected to direct examination,
Report correctionPresiding Officer intends to ask him some questions pertaining to these points raised by the respondent unless there is a Senator-Judge who wish to bring the matter up.
Report correctionIf there are none, Atty. Sheila, who will be handling the witness from the Anti-Monday-London Council?
Report correctionAtty. Mark Binduan will examine the witness, Your Honor.
Report correctionGood morning, Atty. Mark. And it'll be Atty. Mae?
Report correctionSir directs the Clerk of Court to kindly situate the next witness, Attorney Ronel
Report correctionBuenaventura, to the witness stand, the Executive Director of the Anti-Money Laundering Council.
Report correctionThe Clerk of Court is directed to kindly administer the oath to the witness.
Report correctionYou, Ronel Benaventura, do swear that the evidence you shall give in the case now pending between the Philippines and Vice President Saira Zimmerman Duterte shall be the truth, the whole truth, and nothing but the truth. So help you God.
Report correctionRonel, naunawaan niyo po ba yung inyong pinanumpaan?
Report correctionBefore the offer of Attorney May, allow the Chair to ask some questions. Preliminary questions to the witness. If you will allow me, Atty. Ronel.
Report correctionYou appeared before this impeachment court pursuant to a subpoena issued by the court. Is that correct?
Report correctionYes, Your Honor. Pursuant to the two subpoenas, Your Honor.
Report correctionYes, Your Honor. Bali tatlo po kasi another one was issued for today's...
Report correctionAnd also pursuant to a subpoena... issued earlier with respect to documents pertaining to the Vice President, her spouse, as well as certain corporations, not all requested by the Prosecution, insofar as CTRs and STRs are concerned.
Report correctionDid you bring those documents with you and or a summary of those documents?
Report correctionThe documents were submitted already with this Honorable Court, Your Honor.
Report correctionChair, I would like to remind you that your testimony will be confined to the reports subpoenaed by this court. And may I ask, after looking at it in camera by the court through the presiding officer, the court did not see any procedural confidentialities that may be violated by the AMLC and so giving the report. However, I need to ask you, will you be violating any provision of law under either RA No. 9160 as amended by your testimony this morning. Atty. Ronel.
Report correctionNo, Your Honor. Let me clarify, Your Honor. Under our law, there's a provision under Section 8A wherein we are supposed to ensure confidentiality of our documents. However, under Section 8A-Paragraph 2, Your Honor, nakalagay din po doon that The Council can promulgate rules regarding the handling to ensure that the AMLC and the Secretariat shall not violate that confidentiality. Part po ng aming internal rules is, of course, we have to comply with the orders of competent authorities like the courts po. And of course, we recognize this honorable court. as having the sole power to try and decide impeachment cases, Your Honor. So, pursuant to the coercive and compulsory process of this Court, we are in compliance with our internal rules, the law, and the order of this Court, Your Honor.
Report correctionAt hindi magbabagi yung sagot nyo dahil lamang televised ito at public yung hearing at trial na ito. Pareho pa rin po ba sagot ninyo?
Report correctionSo, with eyes wide open, not wide shut, You are fully aware of the provisions of law pertaining to the AMLC and whatever penalties may be imposed upon you should you be found liable for violating the provisions of AMLC.
Report correctionI recognize po, but I stand po that our internal rules were promulgated in accordance with provisions of the law po and we are strictly complying only with the lawful subpoena of this honorable court, Your Honor.
Report correctionWhat can you cite the specific internal rule, Atty. Ronel, for the information of the Senator-Judges?
Report correctionYour Honor, we... I'm only disclosing this because of the question of the honorable court presiding officer. Yes. We have promulgated, not promulgated, our council issued information exchange guidelines noong 2022 po, Your
Report correctionWhich covers this particular matter and allows you to do what you're doing this morning?
Report correctionYes, Your Honor. In general po, because it mentioned competent courts po, Your Honor.
Report correctionThank you. Thank you for that, Atty. Ronel. Kindly make your offer, Atty. Mae.
Report correctionThank you, Your Honor. Your Honor, we are offering the testimony of Atty. Ronel U. Benaventura to prove the following. Number one, billions worth of transactions passed through the accounts of the respondent and her husband. Mula 2007 hanggang 2025, 4.4 billion ang iniulat sa AMLC. Ito ang kabuahang halaga ng mga transaksyon ni Navipi Sara at Atty. Manasseh Scorpio. Iniulat ang mga ito ng mga bangko at iba pang covered persons dahil malaki o kahina-hinala. Hindi pa ito ang lahat ng dumaan sa kanilang mga account.
Report correctionAt least 1.6 billion came in. At least 1.3 billion went out. And no record shows where it went. May 1.6 billion na natukoy na pumasok sa mga account ng mag-asawa. At 1.3 billion naman ang natukoy na lumabas. 1.4 billion pa ang hindi matukoy kung pumasok o lumabas. At ang mga ito ay base pa lamang sa mga CTRs at STRs na isinumiti sa AMLC. Samantala, walang cash na idineklara sa kanyang SALN para sa 2020 hanggang 2024. At sa mga lumabas, wala nang bakas kung saan ito napunta. Number 3. Even after a bank corrected its own error, 4.4 billion in aggregate transactions remained. 6.77 billion ang iniulat ng AMLC sa House noong Abril 2026. Sa kabila ng pagtatama ng BPI sa diumanoy sarili nitong pagkakamali sa sistema, 4.4 billion suspicious at covered transactions pa rin ang natitira. Number four, her husband walked out of two banks with 41 million in cash in a single day. Sa loob lamang ng isang araw noong Augusto 6, 2024, 41 million ang kinuha na cash ni Atty. Carpio, 23 million sa BDO at 18 million sa PNB. Pero sa kanyang 2024 SALN, walang cash na idineklara. No. 5 A person allegedly linked to illegal drugs bought checks naming the respondent as beneficiary. Noong 2011 at 2012, Bumili si Samuel Kang Uy, isang taong diumanoy may kaugnayan sa iligal na droga, at ang kanyang mga anak ng mga tseke na si VP Sara ang binipisyaryo. 14,881,692 pesos and 14 centavos ang kabuuhang halaga. Sila ang naglabas ng pera pero si VP Sara ang tumanggap nito. Number 6. Banks and insurers flagged them again. Flag them again and again. 34 na suspicious transaction report ang nasa file ng respondent, 27 derogatory report ang isinampa tungkol sa kanya, at 70 naman tungkol kay Atty. Carpio. Ang mga dahilan, graft and corrupt practices at malversation of public funds, posibleng kaugnayan sa iligal na droga, at mga transaksyong konektado sa anomalya sa flood control. Hindi ito iisang alarma. Paulit-ulit itong babala mula sa iba't ibang institusyon sa loob ng maraming taon.
Report correctionAng Cale88 Foods Corporation na itinatag lamang noong 2021 at 47.5% ng shares ay hawak ni Atty. Carpio ay tumanggap ng 319 million na remittance mula sa mga kumpanya sa China. Tatlo rito ang iniulat ng bangko bilang kahinahinala. Walang legal o trade obligation. Walang layunin at walang katwirang pang-ekonomiya. Number eight, their companies moved billions more. Mula 2022 hanggang 2025, halos 4.5 billion ang kabuuhang pumasok at lumabas sa 15 korporasyon kung saan may interes ang mag-asawa. Iba pa ito sa 44.4 billion na pumasok at lumabas sa accounts ng mag-asawa. Number 9. Every figure comes from the bank's own reports. Ang lahat ng ito ay galing sa sariling ulat ng mga banko at insurer na tinanggap, itinago, at isinumiti ng AMLC sa ukumang ito noong July 30, 2026. Number 10. Banks and insurers report these transactions because this is how dirty money moves. Inaatasan ng bata sa mga bangko, insurer at iba pang covered person na
Report correctioni-report sa AMLC ang malalaking transaction sa cash at mga transaksyong kahinahinala dahil dito karaniwang dumadaan ang perang galing sa iligal na gawain. Such other matters relevant to the instant impeachment case, including the powers and functions of the AMLC, the laws and rules on covered and suspicious transactions, and the procedures the AMLC followed in complying with the subpoenas of this honorable court.
Report correctionFirst, Rule 128, Section 3 of the Rules of Court provides that evidence is admissible when it is relevant to the issue and is not excluded by the Constitution, the law, or these rules. Therefore, Evidence to be introduced must be competent, and the test of that competence is whether the Constitution, the law, or the rules allow it. Second, under Section 8A of the Anti-Money Laundering Act or AMLA of 2001, which took effect on February 8, 2021, the Anti-Money Laundering Council or AMLC and its Secretariat shall securely protect information received or processed and shall not reveal in any manner any information known to them by reason of their office. This prohibition is absolute and applies to Executive Director-Attorney Ronel U. Buenaventura today and even after his separation from the AMLC. Under this provision and the current state of the law, impeachment is not an exception. Any reference to past impeachment cases, including the Corona impeachment, is therefore unavailing. Number three, it is thus clear that the law prohibits the disclosure in any manner of confidential information, including those submitted by the banks, and other covered persons to the AMLC. The law explicitly extends this prohibition to the members of the media which are here today for the purpose of broadcasting these proceedings to the general public.
Report correctionNumber four, even the AMLC itself warns about the use of its reports such as prosecution exhibit P-2-7-15-B-AMLC stating that the end user of the information must number one verify the information provided number two protect the confidentiality of the information number three use the information for intelligence purposes only number four not use the information as evidence in formal proceedings and number five Refrain from reproducing, copying, extracting, printing, or distributing material to any third party without the written consent of the AMLC. Walang tinatago ang bisipresidente. Ngunit ang mga datos ay dapat dumaan sa tamang proseso ng pagberika ng naaayon sa batas At hindi dapat ibalandra ang mga ito sa publiko sa pamamaraang mali, malisyoso, at ang tanging layon ay pamumuliti ka lamang. Number five. Moreover, the October 1, 2026 letter issued by Attorney Buenaventura stated that the tabular summaries remain subject to applicable confidentiality, security, and information handling requirements under relevant laws, regulations, and issuances including but not limited to the AMLA as amended its IRRs and applicable AMLC issuances. The defense therefore respectfully submits that allowing this witness to testify will breach confidentiality, violate the law, and disregard the explicit warning by the AMLC. all in violation of the respondent accused rights. We therefore put on record the defense is not and will not be complicit in breaking the law. Lastly, allowing the disclosure of confidential information today sets a dangerous precedent because bank transaction records of the President, Senators, members of the House of Representatives, Supreme Court Justices, other government officials or any other Filipino citizen for that matter can and will be susceptible to similar reckless and abusive acts in the future. Based on the foregoing and with all due respect, the defense is compelled to move for the exclusion of this witness. We also put on record that Vice President Sara Z. Duterte reserves the right to pursue all appropriate legal remedies against those who will violate the law and her rights thereunder. Thank you, Your Honor.
Report correctionI will in a bit, Attorney May. Attorney Mark, I take it your
Report correctionmotion to exclude is based on the objection grounded on confidentiality under The sections raised by the lead counsel for the respondents last week.
Report correctionThose are all considered, Your Honor, but the main ground would be 8A.
Report correctionBut when you say you will not be complicit in a violation, should the Presiding Officer, in the court rule against your motion to exclude, you will still do your cross.
Report correctionthis point foregoing any possible cross you may take or will take as you may decide later on.
Report correctionJust to respond briefly, Your Honor, to the points raised. First, Your Honor, the defense counsel raised Rule 128, Section 3 of the Rules of Court. Your Honor, the defense counsel seems to be laboring under the mistaken presumption that the offer of evidence is by and of itself evidence. Your Honor, it is not. The office of the offer of evidence is merely to inform the court of what the testimony of the witness seeks to prove. The evidence would be the testimony of the witness himself. Hence, Your Honor, The objection on this ground is rather premature.
Report correctionNumber two, Your Honor, he raised grounds two, three, and four, Your Honor, but this, Your Honor, have already been resolved at the very onset, Your Honor, when this proceeding is opened, Your Honor. So we will no longer belabor this issue, Your Honor, but let me just raise two important points, Your Honor. First, Your Honor, the confidentiality. under the AMLA, Your Honor, was enacted simply to complement the bank secrecy law. Hence, Your Honor, it should bow down to the same exceptions provided in the bank secrecy, one of which is when disclosure of information is necessitated in impeachment proceedings. Second, Your Honor, Section 8A does not impose absolute prohibition. One that would rent because give it Interpreting that provision as an absolute prohibition, Your Honor, would practically render it impossible for AMLC to perform its functions that would necessitate necessarily the disclosure of information. And also, Your Honor, the grounds raised, Your Honor, pertaining to the confidentiality of the AMLC records would effectively be belated MR of this Honorable Court's July 20 ruling.
Report correctionAnd Your Honor, there's no ground to exclude this witness, Your Honor. The Defense Counsel is already assuming that this witness will be testifying on confidential matters, Your Honor, without even first listening to the testimony of this witness. That would be all, Your Honor.
Report correction128, Your Honor. It precisely covers testimonial evidence which will be presented today. That will be all, Your Honor.
Report correctionChair will now make a ruling with respect to the motion to exclude by the counsel for the respondent, Attorney Mark.
Report correctionThe counsel for the respondent invokes Section 9C and 14D of Republic Act No. 9160 as amended, together with Section A introduced by Republic Act No. 11521. Respondent argues that Republic v.
Report correctionSandiganbayan was decided under the prior law and therefore may not be controlling anymore. The Court agrees that Section 8A must be considered. However, it does not follow that AMLC reports have thereby become absolutely immune from compulsory process. Section 9C prohibits covered persons and their officers and employees from disclosing that a covered or suspicious transaction report was made, its contents or related information. In Republic v. Sandiganbayan, the Supreme Court held that the prohibition applies to reporting institutions, not to the AMLC itself. Republic Act No. 11521 did not alter Section 9C in that material respect. Thus, Republic v. Sandiganbayan remains controlling on the scope of Section 9C of Republic Act No. 9160. Section 14D as amended imposes penalties for a breach of Section 9C or Section 8A. It does not enlarge those provisions, declare AMLC reports inadmissible, or create an express privilege against a subpoena. Criminal liability attaches only to a prohibited disclosure. Compliance with the lawful order subject to proper safeguards does not constitute to the mind of the court such a breach. Section 8A is the new provision directly governing the AMLC and its Secretariat. It requires them to protect information received or processed and prohibits its unauthorized revelation. But its second paragraph expressly directs the AMLC to establish rules governing information exchange and dissemination. As well as access to such information. The provision therefore regulates the manner and conditions of disclosure. It does not command absolute silence under every circumstance. Sections 8A and 14D are not wholly novel. Section 8A is substantially codified. The confidentiality duties already found in Rule 2, Section 7 of the original AMLA IRR, and later in Rule 22B of the 2016 revised IRR. Sections 9C and 14D, meanwhile, already appeared in the original AMLA with Rule 3, Section 2H of the original IRR, merely implementing the statutory prohibition and penalty for reporting related breaches. Republic Act No. 11521 thus incorporated the pre-existing AMLC confidentiality duty to the statute and brought its violation within Section 14D's existing penal framework, rather than creating an entirely new absolute privilege against lawful compulsory process. This finds support too with the Journal of the Senate during the debates on 11.521, Republic Act No. 11521 wherein the sponsor and author stated that it was merely lifted and codified from the existing AMLA rules and regulations at that time. Section 8A must also be read in pari materia or in relation with Section 7, which retains the expanded AMLC's authority to investigate suspicious transactions, institute civil forfeiture, and other remedial proceedings, cause the filing of complaints before the Department of Justice or the Ombudsman, and resort to judicial processes including subpoenas. Section 11 of Republic Act No. 11521 likewise preserves All provisions of the AMLA not consistent with the amendment. These provisions must be harmonized so that the thing may rather have effect than be destroyed. Section 8A protects AMLC information against leaks, indiscriminate publication, and other unauthorized disclosure. It cannot be construed to disable the AMLC from performing the very investigative and litigation functions that Congress simultaneously preserved or from complying with the lawful and particularized subpoena subject to judicial safeguards. Thus, while Republic v. Sandiganbayan did not interpret the subsequently enacted Section 8A, the reliance on that circumstance is unavailing. The decision remains authoritative as to the unchanged Section 9C and its central reasoning remains applicable. The AMLC is not a passive repository and confidentiality cannot be invoked in a manner that defeats its statutory mandate. Republic Act No. 11521 Strengthened Information Security It did not overrule Republic v. Sandiganbayan nor repeal AMLC's functions or confer immunity form a subpoena. Further, Section 2 of Republic Act No. 1405, as pointed out by Senator-Judge Lacson in our last hearing, separately and expressly permits inquiry into bank deposits in cases of impeachment. The Supreme Court recognized this statutory exception in PNB v. Gancayco, G.R. No. 18343 While this exception does not by itself dispose of the distinct confidentiality imposed on AMLC information, it confirms the policy that bank secrecy is not an absolute bar to the constitutional accountability process. The AMLC witness may therefore identify, authenticate, and explain the report specified in the subpoena. 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. 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.
Report correctionThe motion to exclude is denied without prejudice to the counsel who responded, making any objections in the course of the testimony of Attorney Ronel of the AMLC.
Report correctionIt gives the opportunity to place it on the record, enrich the records of the impeachment court as well, and to afford the parties the opportunity to raise or question any matter pertaining to this particular order and the ruling. Before Atty. Mark, Sen. Judge Pia is recognized. What is your pleasure, ma'am?
Report correctionGood morning. Thank you, Mr. Presiding Officer. Can I have a copy, a written copy? I take this ruling very seriously and I'd like to follow but my ability to listen and digest everything is limited without a written copy. May I have a written copy? May I be given time to study it? I don't need much time but I just want to follow the reasoning of the court. Thank you.
Report correctionThe clerk is directed to furnish Senator-Judge Pia Cayetano with a copy of the TSN. It's more accurate because it should be checked against delivery. I did not exactly read the copy.
Report correctionBut I would need time to look at it before we proceed. I don't mind that the discussions continue but before the ruling is executed by way of a continuation, I would like to ask for time just to read it. Thank you. Because I may not have any comment. I may not have any... You know, argument on it. I would just like time to read it. Thank you.
Report correctionWith the indulgence of the Senator-Judge, we'll give a copy as soon as we can, or if she can do with the prepared ruling of the Chair, checked against delivery, of course. Checked against delivery. We will do that, Your Honor. Yes, Senator-Judge Villanueva, what is your pleasure, sir?
Report correctionYes, Mr. President, Mr. Presiding Officer, just a very brief manifestation on your ruling. because this representation would like to express my support as former chairperson of the Senate Committee on Banks and you yourself Mr. Presiding Officer together with Senator Mark Villar here used to chair the Senate Committee on Banks and Financial Institutions and Currencies. I just wish to place on record that the confidentiality of Bank deposits is an important policy of the state but it has never been absolute, Mr. President. In fact, Section 2 of Republic Act No. 1405 or the Bank Secrecy Law expressly recognizes cases of impeachment and I will quote it, Mr. President, cases of impeachment as an exemption. to the confidentiality of ordinary peso bank deposits. This is not merely theoretical and in fact during the corona impeachment trial, this court exercised its authority. to issue subpoenas requiring bank officers to appear and produce specified bank records. And lastly, Mr. President, this is consistent with the policy considerations we also examined in the Committee on Banks, including in our work, the bright measure that the bank secrecy protects legitimate... Privacy, but it should not become a shield against lawful accountability where the law itself expressly authorizes disclosure. Just to put on record, Mr. President, thank you.
Report correctionDuly noted and entered into the records. Attorney Mark, what is your pleasure, sir?
Report correctionYour Honor, we will submit to the ruling of the court, but may we be allowed to offer a more pointed set of comments on the offer at this point, Your Honor?
Report correctionMark. Please proceed. Thank you, Your Honor. For the first offer, such as denied. Number two, for the second offer, it is also denied with a counter-manifestation that the word or the idea of SALN was mentioned and it is obvious that the witness has no personal knowledge of the SALN as filed by the Vice President and therefore cannot reconcile. with the records that he has. Number three, offer number three is denied as well. Number four, offer number four is denied. It mentions bank transactions but again, the witness has no personal knowledge on those and he cannot reconcile again with the records that he has. Number five, it's denied as well under the same objection. Number six, It is also denied especially the term flagged because what the AMLC has are reports on covered transactions and suspicious transactions mainly and these are under their mandate under the law. Offer number seven is likewise denied. It mentions the idea of money from China but obviously the witness has no personal knowledge of such a concept. considering that he is merely the AMLC Executive Director. Number 8 is denied. Number 9 is likewise denied. Number 10 is denied, specifically the term dirty money. It's a conclusion of fact that is unwarranted. And finally, 7, such other matters, it's denied with a counter-manifestation that should the witness identify documents in relation to this offer, we will reserve the right to Object thereto, specifically with the citations of the applicable laws, as we may deem proper. And moreover, Your Honor, the whole cross-examination will be conducted at Gautel. I
Report correctionbeg this honorable court's indulgence, but I am constrained, Your Honor, to move for the expunction of the manifestation made, Your Honor, because there's no...
Report correctionIt's not the proper time to make those manifestations, Your Honor. What I mentioned, what I read out were offers of the testimony, Your Honor, not requests for stipulation. So, we were not asking the defense counsel either to admit or deny those offers, Your Honor. And they were already given time to raise their objections to the offer. These are belated objections, Your Honor, and the presiding officer has already ruled on the objections earlier made.
Report correctionAtty. Mark, I also took it that way. I take it that you are not stipulating as to any of the offers made by Atty. Mae and everything that she will be presenting in her direct shall be subject to cross.
Report correctionI understand that, Your Honor, but The initial set of comments, Your Honor, just to clarify, it was made under the presumption that we were trying to exclude the witness. And now that the court has allowed the presentation of the witness, then we just wanted to make more specific manifestations on the offer, Your Honor.
Report correctionmotion of Attorney May to expunge is denied. Let it remain in the records. All of the contents of the direct examination and answer of the witness shall be subject to objections and cross by Attorney Mark. And it is noted that his cross-examination and our participation in regard to the presentation of this witness are all done ad cautela. Would that be correct, Attorney Mark?
Report correctionDuly noted. Atty. Mae, you may proceed with your direct examination when you're ready.
Report correctionWith the indulgence of Senator-Judge Pia, who can bring the matter up anytime because Atty. Mae will deal with preliminaries anyway in the meantime.
Report correctionallow Attorney May with the preliminaries and shall pause before we go into the meat of the matter.
Report correctionThank you very much for your indulgence, Senator-Judge Pia. Attorney May, you may continue.
Report correctionThank you, Your Honor. Good morning po, Attorney Buenaventura.
Report correctionGood morning din po ulit sa Defense Counsel, Atty. Vinduan. Good
Report correctionOkay. Atty. Buenaventura, para lang po sa kaalaman ng lahat, pwede niyo bang banggitin kung ano ang inyong complete name and other personal circumstances such as your occupation and present employment?
Report correctionYour Honor, ako po si Ronel U. Buenaventura. I'm a lawyer po by profession and currently po I am the Executive Director of the Anti-Money Laundering Council, Your Honor.
Report correctionAtty. Bonaventura, nabanggit niyo po na kayo ang kasalukuyang Executive Director ng AMLC. Kailan po kayo nagsimula na manungkulan bilang Executive Director ng AMLC?
Report correctionNagsimula po ako noong April 14, 2026, Your Honor.
Report correctionbilang Executive Director naman po ng AMLC, ano naman po ang inyong mga mahalagang tungkulin?
Report correctionYour Honor, as the Executive Director po, I head the AMLC Secretariat. Yung AMLC Secretariat po yung nag-a-assist sa Council in the performance of their mandate po. I also oversee the Secretariat's day-to-day operation po, Your Honor.
Report correctionNabanggit niyo po yung AMLC Secretariat. Maliban po sa pag-a-assist sa Council, ano pa po ba ang ibang mga mahalagang functions and responsibilities ng AMLC Secretariat?
Report correctionYung other functions po nito is bilang nabangit ko nga po yung nag-a-assist po sa council in the performance of their mandate po. So kasama po dito yung pag-receive ng mga suspicious and covert transaction reports po, pag-analyze po ng reports, at saka pag-ensure din po na yung mga covert persons po ay nagko-comply po sa Anti-Money Laundering Act sa pagre-report din po.
Report correctionBukod po sa inyo ng mga nabanggit, ano pa po kung meron man ang iba pa niyong tungkulin na ginagampanan?
Report correctionSo ano na rin po, bilang Executive Director po, I represent the Secretariat as well as the Council in matters that would require them po their attention. So kasama po dito is sa mga engagement po and tulad po nito kapag po naipatawag po sa court ang AMLC, I'll be representing also the So, if I may say din po, I'm only appearing in my professional capacity as the Executive Director of AMLC.
Report correctionAttorney Berna Ventura, ano po ba yung mga qualifications para sa inyong posisyon bilang Executive Director?
Report correctionUnder sa Anti-Money Laundering Act po, the Executive Director must be a lawyer at least po 35 years of age. Meron pong good moral character. Unquestionable integrity, known probity. Kailangan din po nakapagserve siya sa Bangko Sentral ng Pilipinas Insurance Commission o Securities and Exchange Commission ng at least 5 years po.
Report correctionAt bago po kayo naging Executive Director ng AMLC, ano naman po yung dati nyong trabaho kung mayroon man?
Report correctionNag-serve po ako as As Assistant Vice President and then Vice President ng Globe Fintech Innovations or MINT. And bago po noon, nag-serve din po ako as Legal Officer and then Acting Deputy Director po ng Anti-Money Laundering Council.
Report correctionKailan po kayo nag-serve bilang Acting Executive Director ng AMLC?
Report correctionAno po? Acting Deputy Director
Report correction2021 to 2023 po, Your Honor.
Report correctionAttorney Buenaventura, nabanggit niyo po na kayo ay abogado. Kailan po kayo kumuha ng bar examinations?
Report correctionNoong 2015 pa po. Yung resulta po nakuha po noong 2016, Your Honor.
Report correctionAno naman po ang naging resulta sa inyong 2015 bar examinations?
Report correctionNakapasa naman po. I placed 10 po sa bar po noong 2015 bar po.
Report correctionKung pwede ko pong maitanong, Atty. Benaventura, ano po ang inyong naging bar rating kung inyong po itong naalala?
Report correction85.7. Sorry, Your Honor, naalala ko lang po. That's 5.7 percentage points more than yung 80 percentage points na nakuha nung kakilala namin ni Atty. Van Luan. Anyway, I'll move on, Your Honor.
Report correctionObjection, Your Honor. Just move to strike out that portion of the comments. I don't think that's relevant, Your Honor.
Report correctionAttorney Ventura, para po sa mga hindi nakakaalam kung ano ang AMLC, ano po ba ang AMLC?
Report correctionSo, Your Honor, AMLC po is created pursuant to the Anti-Money Laundering Act or RA 916. Ito po yung Philippine Financial Intelligence Unit po.
Report correctionAng mandato po is to ensure po that the Philippines will not be used as a money laundering site for the proceeds of unlawful activity po, Your Honor.
Report correctionAt ano naman po ang mga kapangyarihan at tungkulin ng AMLC?
Report correctionSo kasama po sa tungkulin po ng AMLC ay to require and receive covered transaction reports or CTRs and suspicious transaction reports po or STRs. and then i-analyze po ito and if needed to conduct necessary investigation including filing of bank inquiry or freeze order po before the court of appeals and then if proper if all evidence po ay meron to file the necessary criminal case before the criminal complaint before the office of the ombudsman or the department of justice and to file for future cases of proceeds of money laundering. Part din po ng mandato ng AMLC yung mag-supervise po ng mga covered person to ensure that they comply with the Anti-Money Laundering Act.
Report correctionAtty. Benaventura, paulit-ulit din po nabanggit ang salitang money laundering. In simple terms, Atty. Benaventura, ano po ba ang money laundering?
Report correctionYour Honor, I'll be recalling from the law and jurisprudence that I remember right now. Money laundering is a crime whereby proceeds from unlawful activity listed under the law are transferred, transacted, moved, or made to appear to have originated from legitimate sources. So, essentially po, ito po yung pagtatago or pagpapalabas na yung pera galing sa illegal activity ay malinis po.
Report correctionOkay. Kanina rin po nabanggit ninyo na tumatanggap ang AMLC ng mga covered at suspicious transaction reports. Saan po ba galing ang mga reports na ito?
Report correctionYung cover, galing po sila sa covered persons po, Your Honor. Sila po yung nagpa-file sa amin.
Report correctionSino naman po itong mga tinatawag na covered persons?
Report correctionCovered persons po, ayon po sa batas, meron pong apat na grupo po. Yung unang grupo po, ito po yung mga supervised and regulated po ni Bangko Sentral ng Pilipinas. So kasama po dito yung mga banko, remittance company, e-wallet, at iba pa. Yung pangalawa naman po ay mga regulated po ng insurance commission. Kasama po rito yung mga insurance company, pre-need companies, at iba pa po. Yung pangatlo naman po, yung regulated po ng Securities and Exchange Commission kasama po dito yung mga securities broker, securities dealer, investment houses, at iba pa. At yung huling grupo naman po, hindi po sila regulated yung tatlong nabanggit ko pong ahensya pero Nakalagay po sila sa batas. So ang tawag po namin sa kanila ay designated non-financial businesses and professions or DNFBPs. Sila naman po kasama po dito yung mga casinos, jewelry dealers, real estate broker, real estate developers at iba pa po. So sila po yung mga covered persons po natin.
Report correctionPunta muna po tayo sa covered transaction report. Ano naman po itong mga covered transactions na ito?
Report correctionYour Honor, yung covered transaction is any transaction in cash or monetary instrument in excess of 500,000 pesos in a banking day. Kung ang reporting entity po ay casino, ang halaga po ay 5 million pesos in cash. At kung ang reporting, ang covered person na nagre-report naman po ay Royal estate broker or developer that is 7.5 million in cash po.
Report correctionAttorney Benaventura, bakit po ba inaatasa ng mga covert person na i-report sa AMLC ang mga covert transactions?
Report correctiona slide on the screen. May we just inquire of the prosecution or the witness if... The witness himself prepared that transaction because it seems to be in line with his testimony now.
Report correctionI'm sorry, your honor. I also did not see what was flashed. There was something
Report correctionthat was flashed on the screen and it seems to be very in line with what the witness is testifying on now. Can the
Report correctionand upon whose authority it was flashed. We'll find out. We'll find out.
Report correctionIt was just seconds ago, Your Honor. Just for the record. Thank you, Your Honor.
Report correctionIt may be a glitch but I won't assume. We'll find out, Atty. Mark. Atty. May, you may continue.
Report correctionSorry. I think the question was left hanging, Your Honor.
Report correctionrepeat the question, Atty. May, for Atty. Ronel?
Report correctionBakit po ba, Atty. Benaventura, inaatasa ng mga covered persons na i-report sa AMLC ang mga covered transactions?
Report correctionYour Honor, I'm not sure po kung bakit na specific niyo reason on law. It's just reported there under the law. But under the law din po, and sa regulations po namin, implementing rules and regulations, we use these covered... Transactions po, CTR reports po as part of our analysis po whether eventually po a person may have committed money laundering po. So ginagamit po yun under sa batas po.
Report correctionOkay. Atty. Bonaventura. Ano naman pong report kung mayroon man ang kailangang isumite ng covert person para sa transaction sa cash na eksaktong 500,000 pesos o mas mababa? Halimbawa, 499,999 pesos and 99 centavos.
Report correctionKapag Below the reporting threshold po. Wala po silang kailangan i-report. Hindi po yung ma-re-report sa amin. Maliban na lang po kung sila po ay STR or subject po ng suspicious transaction report. Pero technically po wala pong na-re-report sa amin na below sa threshold po.
Report correctionAno naman po itong mga suspicious transactions na ito?
Report correctionSo yung STR po, it's a report po. wherein the covered person, yung nabanggit ko po mga covered person kanina, found that there is presence po ng mga suspicious circumstance dun sa account or sa transaction po, Your Honor.
Report correctionAt sino naman po ang nagdedetermine kung merong ng mga suspicious circumstances?
Report correctionYung covered person po ang nagdedetermine po, Your Honor.
Report correctionAno naman po itong mga suspicious circumstances na iyong nabanggit?
Report correctionSo, Your Honor, allow me to To recall po from the law po, there are seven suspicious circumstances po. The first one is if there is no underlying legal trade obligation or purpose or economic justification. Yung pangalawa po is the client is not properly identified. The third is the transaction is not commensurate with the business profile or capacity of the client. Number four po is that based on the circumstances, it appears that a person is trying to structure yung kanyang transactions so as to avoid being reported. So as to avoid being reported po. Yung pang lima po, Your Honor, is if there is a deviation from
Report correctionSorry to interrupt at this point. Sorry, Mr. Witness. This seems to be in the same format of the previous slide that I was talking about. May we just inquire if the witness himself prepared or participated in the participation of this because this seems to be in line, exactly in line with his testimony.
Report correctionthe chair also confirms that the earlier slide flashed for a second or two. simply contained what the law states and was in line with the witnesses' testimony.
Report correctionTo clarify, Your Honor, sorry to interrupt. This one, we are confirming that it is in line with what the law says. But the previous slide, Your Honor, there was a specific example given, which was the casino and the amount given, which is 500,000. And he just mentioned it now, Your Honor, that example. So may we just know if he was the one who prepared it or it was prepared in advance for him?
Report correctionAgain, I did not see the slide, but I would assume, Your Honor, that what was flashed earlier, Your Honor, is also what is provided under the law. These thresholds, Your Honor, that the witness just testified on are matters that are provided under the law.
Report correctionquestion, Attorney Mayes, you have assisting counsel there at the tech
Report correctionYes, Your Honor, because, Your Honor, My assisting lawyer, Your Honor, is familiar with the questions that I will be propounding and she is familiar with the law. That's why, Your Honor, we also expect this witness, being a law professor himself and a lawyer and the executive director of the AMLC, nonetheless, your honor, sorry, no less, we expect, Your Honor, that this witness is also well-versed with the law, Your Honor.
Report correctionSo to answer the query of Attorney Mark, this was prepared by the counsel for the panel of prosecutors in line with your direct examination. Would that be correct, Attorney?
Report correctionIn line with that, Your Honor, may we just inquire, Your Honor, just to give clarity, Your Honor, on the matter, if the witness was even briefed about this PowerPoint presentation before his testimony today, despite being the fact that he was already under subpoena since last week.
Report correctionThat is not in accordance with law, for example, if this is indeed not what it purports to be, which is Section 3B1, of what, Attorney May, of the rules? Implementing rules or the law?
Report correctionWe will submit, Your Honor, at this point, Your Honor. Thank you. Thank
Report correctionBut you may point it out if there are inaccuracies being pointed out. This is merely demonstrative on the part of the Counsel for the Panel of Prosecutors. You may proceed, Attorney May.
Report correctionIn light of that, Your Honor, may we request a continuing authority, Your Honor, to flash relevant slides on the screen, Your Honor?
Report correctionKanina po sa inyong enumeration nabanggit ninyo ang salitang illegal or unlawful activities. Ano po ba itong mga unlawful activities na ito?
Report correctionYour Honor, these unlawful activities po are those listed under the Anti-Money Laundering Act. Example po ay kidnapping for ransom, terrorism financing, graft and corruption, violation of dangerous drugs po, Your Honor. So yung po mga nakalista lang po sa anti-money laundering act.
Report correctionNgayon na turn ni Buenaventura, bakit naman po nire-require ang mga covered persons na i-report ang mga suspicious transactions?
Report correctionYour Honor, it's what What the law requires po of them eh. Pero on our end po and nasa law po and rules, we also use this suspicious transactions po as part of our analysis po whether this particular person or particular transaction is related to money laundering po.
Report correctionNgayon, Atty. Buenaventura, maaari mo ba sabihin kung paano nire-report ang mga covered and suspicious transactions?
Report correctionCovered transactions po, they are reported po based on a filing of report known as covered transaction report or CTRs po. They are prepared by covered persons, one transaction, one report po. Ganun din po yung suspicious transaction po, one report, one suspicious circumstance or transaction, and then one report po. Although yung po STR po kasi, we also, covered persons po also file, hindi lang po based dun sa transaction, pwede din po dun sa based sa particular account, entire account po, if or client relationship, as long as meron pong suspicious circumstance po.
Report correctionNabanggit niyo po na yung covered person ay maaaring mag-report ng tungkol sa buong account o client relationship. Paano po ba ito nire-report?
Report correctionYung per account po, ang treatment po is hindi po transaction-based. Ang nare-report po nila is if they find a suspicion on the entire account or entire account. So yung basis po kasi ng suspicious transaction po is regardless of the amount. So wala pong amount na tinitignan. Ang tinitignan po is kung may suspicion. So kung may suspicion po sila na pasok yung entire account po, they will report it as such po, Your Honor.
Report correctionAt ano naman pong halaga kung mayroon man ang lumalabas sa mga ganitong klase ng report?
Report correctionYour Honor, na ito po ay may suspicion po yung covert person. So, sa site po ng AMLC, we use that po as potentially starting point po ng aming analysis and investigation po, Your Honor.
Report correctionAno naman po yung amount kung mayroon man ang lumalabas sa mga ganitong klase na report?
Report correctionYun po your honor, we'll use that po as basis po whether eventually, so analysis, starting point po ng analysis namin and then eventually if yung tao ba or yung transaction is involved po sa money laundering or hindi po your honor.
Report correctionSa mga nakalagay po na field sa report ng mga ganitong klaseng report, ano po bang figure ang lumalabas?
Report correctionYung suspicious transaction po, kung yung amount po nung tingin ng covered person po na suspicious, pero kung account-based naman po yung entire account po yung nareport, maaaring pong zero yung ilagay nila kasi hindi naman po talaga transaction-based po yung nareport. Meron din po kami... Na maaari nung araw po kasi yung system po namin may limitation po. So naglalagay po sila ng 1, I think 1 peso minsan po, parang minimal amount kasi nare-reject po. But technically po, wala po talaga. Pag report po yung entire account, hindi po transaction yung nare-report. So typically po, dapat po lumabas zero or wala po, blank po lang po yun kasi account po. Wala pong amount, bali po.
Report correctionOkay. Sa records po, paano po ba makikilala ang mga ganitong report?
Report correctionSa e-mail si po sa reporting guidelines po namin meron pong code na ginagamit yung mga covered person to help us identify kung ano yung nature ng transaction. Yung pong tanong your honor is ang makikita po namin doon kung nireport po yung entire account po is yung code po na STRA.
Report correctionSTRA. STRA per account po kasi yun yung ibig sabihin po nun. So entire account po yung na-report po.
Report correctionOkay. Atty. Buenaventura, balik po tayo dun sa money laundering na nabanggit ninyo kanina. Ano po ba ang mga red flag indicators kung meron man na binabatayan ng AMLC sa pagtukoy ng posibleng money laundering activity base po sa mga issuances ng AMLC?
Report correctionYour Honor, yung basihan po namin talaga, yung pinaka-basihan po is the suspicious circumstances po. Yun na po talaga yung pinagbabasihan namin. Although, yun po, yung nabanggit ko po kanina na reporting guidelines, meron pong mga example po doon para po matulungan po yung covered person para mag-report po. So, halimbawa po mga large and frequent cash withdrawal na wala pong
Report correctionclient capacity po which is yun
Report correctiondin naman po yung suspicious transaction pag po frequent yung mabilisan po na in and out po sa account or kaya po yung malaking transaction po hinati-hati po para maging structuring para hindi po ma-report so structuring po yun. Yun din po yung mga suspicious circumstances po ang nabanggit ko po kanina your honor.
Report correctionOkay. In relation po to the CTRs and the STRs or the covered transaction and suspicious transactions reporting, ano po ba yung difference kung mayroon man between funds that remain within the banking system and funds that are withdrawn in cash?
Report correctionSorry po, Your Honor. Pwede pong paulit ng question.
Report correctionDoon po sa covered transaction and suspicious transaction reporting, ano po ba yung difference kung mayroon man between funds that remain within the banking system and funds that are withdrawn in cash?
Report correctionSo, Your Honor, yung pong nasa CTR and STR po, they are reported sa amin po. So, we are able to trace, yun nga po, we are able to analyze po if cash po It will be difficult for us to see because hindi po siya nare-report ng covered person. Kung mayroon man transaction, so nasa labas po kasi siya ng financial ecosystem na nakikita po namin.
Report correctionOkay. Kanina po, Atty. Benaventura, nang pag-start ng proceedings, nabanggit ninyo na kayo ay nandito ngayon sa korteng ito para tumistigo Pursue 1, 2, 3 sub-Pinas issued by this honorable court. Punta po tayo dun sa unang sub-Pina. Ano po ba yung unang sapina na inyong natanggap?
Report correctionYour Honor, Mr. Presiding Officer, may I refer po dun sa hawak ko pong records na copy po nung sapina issued by this Honorable Court po.
Report correctionI'm sorry? Yes, you can look at your notes, Atty. Ronel. At any time during your testimony, continuing authority is granted to the witness. Assisting counsels from both parties may likewise approach in order to look more closely at what Attorney Ronell, our witness, is perusing.
Report correctionIn the meantime, while he is perusing his notes, Attorney Mark, I've instructed the Clerk to kindly furnish you with a copy of what was flashed on screen and upon the Chair's initiative, also cross-referenced it with the provision of the law. If it is an accurate representation of the same.
Report correctionFor your information and reference and appropriate action, if any.
Report correctionThank you, Your Honor. So, Your Honor, may I request for the repeat of the question?
Report correctionTungkol saan po yung unang supina na inyong natanggap?
Report correctionSo, Your Honor, yung una pong supina is supina Duchesnecum, dated...
Report correctionJuly 21, 2026 po, Your Honor. This is a subpoena requiring the AMLC to submit records, CTRs, covered transaction reports and suspicious transaction reports and other reports submitted by all covered persons and institutions. At pangalawa po, AMLC investigation reports, financial intelligence reports, analysis and memoranda arising from or relating to such CTRs and STRs for the period January 1, 2007 to December 31, 2025. It all relates po to the following persons and entities, Vice President Sara Z. Duterte, Manassas R. Carpio, and then mga other entities po nakalista rito would be Metro City Chow Food Corporation, City Hall King Chow Foods Corporation, GenCorp Industries Inc., Times Square Bee Foods Corporation, Great Jolly Times Food Corporation, Carpio Lawyers, formerly Carpio and Duterte Lawyers, 888 Bistro, Cali88 Foods Corporation, Madayo Fisheries Inc., Mati City Ice Plant and Cold Storage Inc., Amianan Shores Inc., Geometry Security and Investigation Agency Inc., Cabletow 88 Shipping and Marine Services Inc., Davao New Royal Taipan Corp., Davao Emerging Taipans Corp., Davao Bounty Times Food Corp., SGT Fortune Horse Corp., CYKT Inc., Three Kids Tracking Services, Inc., and Zelta Matiem Salon po, Your Honor.
Report correctionSa manifestation, Your Honor, we've perused the slide that I was talking about and we just want to set for the record, Your Honor, that this slide was presented but this slide does not pertain to any specific provision of the law as the law is written. Meaning, this is already a processed version of what the law says. Now, the witness in his testimony pertained to specific factual or a specific example, Your Honor, that is hard for anyone to have predicted unless there was a prior correspondence between the person who prepared that slide and the witness himself. We are not accusing anyone of anything, Your Honor, and we don't want to belabor this point. We just want to put it on for the record, Your Honor. The slides seem to be anticipating what the witness is already talking about. But that is why
Report correctionperhaps it was taken down almost immediately as it was brought up.
Report correctionNevertheless, court states for the record that there are three thresholds, Attorney Mark. 500,000 on a regular basis for individual depositors. 5 million for casinos and casino operators and 7.5 million, I distinctly remember that law because I took part actively in the crafting of that law, for real estate brokers and agents because the 500,000 limit would have been too small for casino, casino operators, and real estate agents and brokers. That's the reason for the different amounts, if I remember correctly.
Report correctionJust one last point on this matter. Thank you, Your Honor, for that clarification. But just one last point. Section 3 For example, this does not pertain to casinos only in particular. It pertains to casinos, gaming, real estate developers, real estate brokers, targeted financial institutions,
Report correctionand a lot more. So it's just quite perplexing how this slide could have... Zeroed in on casino transactions. Just for the record, we no longer want to belabor. For the
Report correctionhe's only making a manifestation, Attorney May. It's clearly an extrapolation, not a verbatim reproduction of the law. Senator-Judge Lacson, former chairman of the Committee on Banks and Financial Intermediaries as well, in
Report correctionI will support your manifestation earlier because yung pag-include sa casino was passed in 2017. Yung real estate, subsequent amendment 11521. Which explains the
Report correctionMagkaibang amendatory laws. At nagko-cover dun siyang sabi ni Tony Mark. Yes, thank you very much.
Report correctionYour Honor, if I may just make a very quick counter-manifestation, Your Honor, lest the public be misled into thinking that this witness, Your Honor, is coached. In fact, Your Honor, earlier, the defense counsel himself admitted that what was flashed On the screen is different from what this witness testified on. Earlier, Your Honor, when the thresholds were being discussed by this witness, aside from the casino, this witness also mentioned other covered persons who are
Report correctionmeeting the threshold of 5 million. Pesos, Your Honor, while what was flashed on the screen was merely Casino, Your Honor. That would already frustrate, Your Honor, any insinuation that this witness is coached.
Report correctionI guess that's why he took it down as well because it did not correspond to what the witness was saying. That explains the minute, second and a half showing of that slide.
Report correctionPunta naman po tayo, Atty. Benaventura, sa ikalawang subpina. Tungkol saan naman po yung pangalawang subpoena na inyong natanggap?
Report correctionSo, Your Honor, we received a second subpoena po dated September 28, which we received September 29. This is subpoena ad testificandum directing me to appear before this honorable court on October 1 and 2, 2026 at 10 a.m. to testify on my knowledge in the case,
Report correctionwhich is before the court in which the House of Representatives has impeached Vice President Sara Zimmerman Duterte po, Your Honor.
Report correctionAt yung pangatlong sabina naman po, tungkol saan naman po iyon?
Report correctionYung pangatlong po, Your Honor, We received this on October 1, yung nandito po ako last time. Isa supina at testificandum po, you are hereby commanded to appear before this honorable court on October 5 and 6 at 10 a.m. to testify your knowledge in the case which is before the court in which the House of Representatives has impeached Vice President Sara Zimmerman Duterte, Your Honor.
Report correctionAttorney Benaventura, balik po tayo dun sa unang subpoena na inyong natanggap, yung sinasabi ninyong subpoena duces tecum. Ano naman po ang ginawa ng AMLC kung mayroon man kaugnay ng subpoena duces tecum na inyong nabanggit?
Report correctionYour Honor, we complied with the subpoena duces tecum, Your Honor. So we submitted this to the Honorable Court. in our letter dated July 30, 2026, Your Honor. But let me clarify po that we only submitted the following po. So, covered CTRs and STRs of VP Duterte and Attorney Carpio. Summary report on VP Duterte, barcode number SR17012479. Financial intelligence report on VP Duterte. AMLC reference number RQT26730.
Report correction730475, Financial Investigation Report on Atty. Carpio and Confidential Information Sharing, AMLC reference number IF1-26-RQT-26730475. Doon naman po sa mga Juridical entities po na na-mention, we submitted the following po.
Report correctionKale88, Foods Corporation, CTRs and STRs, Badayo Fisheries Inc., CTRs only Matis City Ice Plant and Cold Storage Inc., CTRs only Geometry Security and Investigation Agency Inc., CTRs only Davao New Royal Taipan Corp., CTRs only Davao Emerging Taipans Corp., CTRs only SGT Fortune Horse Corp., CTRs only CYKT, Inc., CTRS only. Meron po kaming limang wala pong sinubmit because our database yielded negative results po. So, ito po yung lima na yun. Amianan Shores, Inc., Cabletow 88 Shipping and Marine Services, Inc., Davao Bounty Times Food Corp., Three Kids Trucking Services, Inc., and Zelta Matiem Salon, Your Honor.
Report correctionYour Honor, To abbreviate the proceedings, we will be dispensing with the authentication and identification of these documents. After all, Your Honor, these are public documents, the copies of which... have been certified by its custodian to be true copies. And Your Honor, under Section 23, Rule 130 of the Rules of Court, these are already by and of itself or by and of themselves prima facie evidence of the facts stated therein. But just for the record, Your Honor, I will be reading for the record these documents, Your Honor.
Report correctionYes, and the corresponding exhibit numbers, Your Honor.
Report correctionYour Honor, just a comment. Your Honor, based on the rules, without the proper identification by the witness and the proper authentication of these documents as provided by law, then such will be deemed inadmissible.
Report correctionYes your honor. These documents would already be prima facie evidence of the facts stated therein. I'm referring to public documents, Your Honor.
Report correctionYour Honor, just the fact that they are publicly available, Your Honor, does not convert these documents into authenticated documents already. We already highlighted during the first portion of our presentation that these are confidential information.
Report correctionnoted, with the indulgence of Attorney Mae, Duly noted, Attorney Mark, however, these are not merely publicly available documents, but actually public documents in the custody of a public official and part of official records. We shall entertain an objection at the proper time, Attorney Mark, but at this point, that would be premature at this time, given the documents were both submitted through the Clerk of Court. and pre-marked, if not all, by both parties. So at this juncture, the court will allow it without prejudice to Attorney Mark making the proper objection at the appropriate time.
Report correctionThese are the documents, Your Honor. A. AMLC letter dated April 22, 2026, exhibit... P-II-7-10-AMLC Letter B, AMLC Cover Transaction Reports regarding Vice President Sara Duterte, 2007-2025 Exhibit P-II-7-11-AMLC Letter C, AMLC Cover Transaction Reports regarding Mance Carpio, 2007-2025 Exhibit P-II-7-12-AMLC D. AMLC Suspicious Transaction Reports regarding Vice President Sara Duterte, 2007-2025, Exhibit P-11-7-13-AMLC E. AMLC Suspicious Transaction Reports regarding Mance Carpio, 2007-2025, Exhibit P-II-7-14-AMLC F. AMLC Financial Investigation Reports, Exhibit P-II-7-15-AMLC G. Summary Report on Vice President Sara Duterte, Exhibit P-II-7-15-A-AMLC H. Financial Intelligence Report of Vice President Sara Duterte, Exhibit P-II-7-15-B-AMLC Letter I. Information sharing on Vice President Sara Duterte and Manassas Carpio. Exhibit P-II-7-15-C-AMLC. Financial investigation report on Manassas Carpio. Exhibit P-II-7-15-D-AMLC. Letter K. AMLC covered transaction reports regarding GenCorp Industries. Exhibit P-II-7-16-AMLC. Letter L, AMLC Cover Transaction Reports regarding Metro City Xiao Foods Corporation. Exhibit P-II-7-17-AMLC Letter M, AMLC Cover Transaction Reports regarding Times Square Bee Foods Corporation. Exhibit P-II-7-18-AMLC N, AMLC Cover Transaction Reports regarding Great Jollibee Times Corporation. Exhibit P-II-7-19-AMLC O. AMLC Cover Transaction Reports regarding Carpio Lawyers, Exhibit P-II-7-20-AMLC P. AMLC Cover Transaction Reports regarding 888 Bistro, Exhibit P-II-7-21-AMLC Q. AMLC Suspicious Transaction Reports regarding 888 Bistro, Exhibit P-II-7-22-AMLC AMLC recovered transaction reports regarding Cale88 Foods, Exhibit P-II-7-23-AMLC AMLC suspicious transaction reports regarding Cale88 Foods Corporation, Exhibit P-11-7-24-AMLC P. AMLC Cover Transaction Reports regarding Madayao Fisheries, Inc. Exhibit P-II-7-25-AMLC U. AMLC Cover Transaction Reports regarding Mati City Ice Plant and Cold Storage, Inc. Exhibit P-II-7-26-AMLC AML-V, AMLC Cover Transaction Reports regarding Geometry, Security and Investigation Inc. Exhibit P-II-7-27-AMLC W, AMLC Cover Transaction Reports regarding Davao New Royal Taipan Corporation. Exhibit P-II-7-28-AMLC X, AMLC Cover Transaction Reports regarding Davao Emerging Taipans Corporation. Exhibit P-II-7-29-AMLC AMLC Cover Transaction Reports regarding SGT Fortune Horse Corporation, Exhibit P-II-7-30-AMLC AMLC Cover Transaction Reports regarding CYKT Inc., Exhibit P-II-7-31-AMLC AMLC Cover Transaction Reports regarding City Hall Chao Foods Corporation, Exhibit P-II-7-30-AMLC
Report correctionWith the indulgence and permission of Atty. Mae, let the record reflect that all references of Atty. Mae to double I be Roman numeral number 2. I didn't correct you anymore, Atty. Mae. Mas madaling sabihin yung double I kesa
Report correctionnumeral number 2. But let the record so reflect that. It's ordered.
Report correctionAtty. Benaventura, nabanggit niyo po na yung mga documento, particularly yung CTR at STR ng respondent na isinumiti sa AMLC at ng kanyang asawa at ng mga kumpanyang pinangalanan sa subpina. Ngayon, saan po ba galing itong mga CTRs at STRs na ito?
Report correctionYung po mga CTRs and STRs po na to, they were reported to us by the covered person and they were extracted directly from our database. Person 1 to the subpoena po, your honor.
Report correctionMaliban po dun sa tatlong subpoena na inyong nabanggit, ano pa po bang mga komunikasyon kung mayroon man ang natanggap ninyo kaugnay ng inyong pagharap ngayon?
Report correctionIto po your honor. We received po September 29, 2026. It's through email po. I think gabi po ng September 29 ito. We received a letter, a letter addressed to me, request for summary signed by Honorable Jerville Gingibitrix R. Luistro, lead panel of prosecutors for your honor. So may request po sila. To provide summary, to indicate total number of covered transaction reports, CTR submitted, total number of suspicious transaction reports submitted, aggregate amount involved in the reported transactions, and aggregate amounts of inflows-outflows. Medyo mahaba po, pero yun po yung essentially na parang preface po ng letter nila, Your Honor.
Report correctionAt ano naman pong action ang ginawa ng YMLC kung mayroon man bilang pagtugon sa request na ito?
Report correctionSo we treat this for your honor as part of the directive of the Senate Impeachment Court kasi nakalagay po doon sa letter nila. We request that person wanted the directive of the Senate Impeachment Court, a copy of the completed summaries be furnished directly to the Senate Impeachment Court and the respondent. So we prepared po a summary and in relation po doon sa previous na subpoena po na any
Report correctionAMLC investigation report, financial intelligence report, analysis and memoranda arising from or relating to such CTRs and STRs po ay isubmit sa court. So we prepared the summary po, the request po and submitted this to the honorable court October, through email po originally, October 1 and then nagdala rin po kami ng copies nung pinapunta po ako dito to testify, Your Honor.
Report correctionKung ipapakita po ba itong summary na inyong nabanggit? Makikilanan niyo po ba ito?
Report correctionHonor, may I request the continuing authority to confront the witness with the documents that he or myself will
Report correctionAtty. Ventura, you are being shown a summary dated October 1, 2026. What is the relation of this document with the summary that you mentioned earlier?
Report correctionThis is the same document, Your Honor. Pero yung binigay po sa akin, meron pong email attachment sa amin. So yun lang pong first.
Report correctionSa manifestation, Your Honor, it appears that the prosecution is not being entirely truthful with this honorable court because they're flashing a document, Your Honor, but it seems the document, comparing it from the original, was cropped. Because in the original document, prior to the date, Your Honor, there is an annotation that states strictly confidential and the document here as appearing in the screen now, as flashed on the screen, does not contain that portion, Your Honor. Just to manifest for the record.
Report correctionNoted. The Chair and the Clerk of Court will look into that in a while. But the manifestation is simply noted.
Report correctionYes, Your Honor. And may I also reserve the right to make the necessary counter-manifestation after I go over the documents being...
Report correctionAnd, Your Honor, based on that manifestation as well, Your Honor, again, we reiterate our objection, Your Honor, that not only the CTRs and the STRs, but likewise, any document... that this uh this that attorney Buenaventura has by reason of his office is precisely covered by section 8 of the law. I understand that there was already a ruling by this presiding officer but then again your honor um as they present documents we will just continue to just cite the law for what it is and it says that uh he shall not reveal in any manner Any information known to him by reason of his office. The law does not make any distinction. The law says any manner. We just wanted to put it on record, Your Honor. Thank you.
Report correctionthe avoidance of doubt, Your Honor, we will just do it in the course of the trial. Thank you, Your Honor.
Report correctionOf course, Counsel, you may do so. But the Court nevertheless notes the continuing objection along those lines.
Report correctionAtty. Benaventura, sa page 2 po ng dokumentong inyong tinitingnan. At inyong in-identify kanikanina lang, meron pong signature above the printed name, Atty. Ronel Benaventura. Kanino po bang signature yan?
Report correctionPerma ko po ito, Your Honor.
Report correctionNgayon, Atty. Benaventura, sino naman po ang naghanda ng summary na inyong in-identify?
Report correctionSo, Your Honor, this was prepared po by our analyst and then reviewed by the relevant officers and I also reviewed this po as well, Your Honor.
Report correctionSino naman po itong mga analysts na inyong nabanggit?
Report correctionYour Honor, Mr. Presiding Officer, may I respectfully decline po to answer the question of the prosecution for the reason that yung aming analyst po kasi sila po yung initially nag-analyze po ng mga transactions and if I'll be exposing them here before the public po as well, that may
Report correctionDraw po yung mga criminals as well as money launderers po in targeting them po, Your Honor. So I, as the Executive Director po, I take that responsibility, I take that burden po, Your Honor.
Report correctionBut Attorney Ronel, they helped you prepare it but you took part in its preparation, yes or no?
Report correctionI took part, yes, Your Honor.
Report correctionAnd you attest as to the preparation of this that it is an accurate...
Report correctionSummary of whatever data you may have in your office.
Report correctionYes, Your Honor. Based on our validation as of the time we submitted this, Your Honor.
Report correctionAll that you're saying is that you did not singularly prepare it. Other people...
Report correctionjust again, just a manifestation. Considering the manifestation of the witness now, Your Honor, I would just like to manifest for the record that our own Constitution...
Report correctionAttorney Mae? The counter-manifestation is duly noted for the record. Atty. Mae, are you proceeding to the meat of the summary and or table of Atty. Ronel?
Report correctionYes, Your Honor. But before that, Your Honor, we would like to request the marking of this document.
Report correctionYes, Exhibit P-Roman numeral number 2-7-33-AMLC for
Report correctionThe Clerk is directed to make the corresponding marking at the appropriate time. It's 11.45. Earlier, Senator-Judge Pia asked for time to go over the court's ruling in writing, checked against delivery. We are affording her that time and she can make the corresponding manifestation and her motion when we resume after lunch recess. We shall pause for lunch and we shall resume at 12.30 as per the Senate Presidents.
Report correctionAtty. Ronel, kain po muna kayo and then kindly return after lunch.
Report correctionto kindly situate Atty. Ronel to the witness stand.
Report correctionHindi po makakain, Your Honor.
Report correctionKinakabahan po, Your Honor.
Report correctionAtty. Ronel, you understand that you will continue to testify under the same oath earlier?
Report correctionBefore you continue, Atty. Mae, Senator-Judge Pia Cayetano, as earlier agreed, we have not proceeded on the merits and merely dealt with the preliminaries of the testimony of Atty. Ronel of the MLC. You're recognized, ma'am, for your manifestation. I understand.
Report correctionThank you. Mr. Presiding Officer, Mr. Presiding Officer, I've read the ruling and as a Senator-Judge, I would just like to put on record some observations I have on this ruling.
Report correctionThere are two laws here. The Bank Secrecy Law, RA 1405, as amended, and AMLA Law, RA 9160, as amended. Both cases deal with the utmost confidentiality. of bank records. But there is an exception under the bank secrecy law. And this, it says that in cases of, in impeachment case, this may be divulged. This exception is not found in the AMLA law. And this is where my issue as a Senator-Judge lies. I think we'll all agree as Senator-Judges I would think, I would think, but I cannot presume, but I would think that even the defense and prosecutions, once na matapos na tong kasong to, tapos na, hindi nang maki-question pa yung legality of the proceedings. So when we proceed with an interpretation that the AMLA law now allows for bank records to be presented in the impeachment court, It puts a cloud over the impeachment proceedings, Mr. President. Why is this important? Well, we go back to the Bible, the Bible of our legal, the Bible in the Philippines for our legal rights. The Bill of Rights. No person shall be deprived of life, liberty, or property without due process of law. So ibig sabihin kung madi-deprive ka, kung tatanggal lang ka ng karapatan mo sa kaligtasan mo, kalayaan mo, kayamanan or kaarian mo, lahat yan kailangan sumusunod pa rin sa bata. So a very common example I can give is we are All entitled to liberty. So that means hindi ka pwede basta-basta arestohin. Pero kung aarestohin ka man and you will be deprived of liberty, we have to follow The constitutional guidelines and the law regarding depriving a person of their liberty. Kailangan may warrant of arrest. Tapos pag hinuli ka, bibigay yung rights mo as an accused. Sinusundan yun. So the same thing happens in every other aspect of life where there is a deprivation of life, liberty, or property. Which goes now to my observation na kung allowed naman pala mag-
Report correctionKumportable ako na walang labag na batas kasi allowed naman mag-reveal ng bank records in an impeachment trial subject to the guidelines. So that's my number one observation, Mr. President. Bakit ba kailangan unahin yung AMLA? Pero di naman ako yung nagdidikta ng order but I'm presenting it to the body kasi that would have been a more constitutionally
Report correctionCompliant flow of presentation. Again, that is not my choice, but it is my observation. And I go now to my second point, Mr. President.
Report correctionAgain, on the due process requirement, Section 11 of our AMLA law states that The AMLC may inquire into or examine deposits or investments with any banking institution upon order of any competent court in the cases of violation of this act. So assuming, and that is an assumption, that we accept that this impeachment court is a competent court kasi wala ho yan sa ruling ng ating presiding officer. So I will just make assumptions.
Report correctionThen, AMLC could present evidence here under Section 11 kasi allowed yan under the law, under the AMLA law sa competent court na sabihin mag-present kayo. But regrettably, Mr. Presiding Officer, months ago, na-present na itong mga AMLA records in the House of Representatives. na hindi naman sila court. I think no less than the prosecution has said during this impeachment trial na hindi sila court.
Report correctionSo, I'm just pointing this out, Your Honor, kasi every time na naki-question yung proceedings natin, nagkakaroon ng duda. Sa mind ng public, kung tama ba ang proceedings natin, kung constitutional ba siya, kung legal siya. At yun lang naman ang gusto nating lahat. Na legal yung mga proceedings natin, walang mga shortcut. So babalik po ako dun sa aking...
Report correctionMy desire that we conduct our trial in a manner that would leave the least amount of doubt in the minds of... Anyone that we are following due process. I just put on record lahat po tong observation ko, Mr. President, because only history will judge the decisions that we make. Thank you very much.
Report correctionThe manifestation of Senator-Judge Pia Caetano. It's noted. Senator-Judge Pangilinan, what is your pleasure, sir?
Report correctionPresiding Officer. Just a quick manifestation, Mr. President, on this matter, on this issue at hand. Mr. President, for the record, this representation was one of the two primary sponsors of the Anti-Money Laundry Act in 2001.
Report correctionSenator Ramon Magsaysay, as chairman of the Committee on Banks and Financial Institutions, defended the measure with respect to the financial institutions and the banking community and the concerns raised. This representation, Mr. President, as chairman of the then chairman of the Committee on Justice and Human Rights, we focused on defending the measure in terms of harmonizing various laws. And in this case, as correctly earlier pointed out, the Bank Secrecy Act and the proposed measure, the Anti-Money Laundering Law, we needed to harmonize both. And as for legislative intent, Mr. President, Republic versus Sandigan Bayan, the Supreme Court ruling is correct that the intention of legislation then when we defended this measure in 2001 was for the absolute prohibition or the confidentiality rather was for the covered institutions and not for the AMLA. At least that was what the minutes of the debates would
Report correctionclearly spell out. And so, Mr. President, if I may add, it would be absurd that a private bank in an impeachment case, trial, can be compelled to divulge bank records while the AMLA, which is the government entity that is supposed to address issues of criminal activity and money laundering, cannot. Be compelled to present AMLA transactions and records. So, Mr. President, with respect to legislative intent, with respect to the ruling of the Supreme Court on Republic versus Sandigan Bayan, maliwanag, Mr. President, that the ruling of the Chair is foursquare behind jurisprudence and the law, Mr. President.
Report correctionBy way of brief reply for the record. Number one, the witness, Attorney Ronel, will be testifying on covered and suspicious transactions not on bank records specifically yet. Number two, the witness earlier pointed out upon questioning by the presiding officer regarding possible violations of Republic Act No. 9160 as amended. And in his response, and the TSN will bear me out, he replied that he considers the impeachment court as a competent court under Article or Section 11 of the law, but that is his interpretation as Executive Director of the AMLC. And the lady from Taguig is correct. Unfortunately, the court cannot dictate the sequence of the presentation of the witnesses of the counsel for the panel of prosecutors and the prosecutors. However, ideal or not so ideal, it may be from our perspective or point of view. The Honorable Marcos is recognized. What is your pleasure, ma'am?
Report correctionSimply to put on record as Senator Pangilinan did, that I too was a primary author of the AMLOC and we were very very clear about what needed to be in it and as stated by
Report correctionThere is no mention of an exception for impeachment proceedings. That is found, as the Presiding Officer well knows, only in the bank secrecy law under Section 2 where statutory bank secrecy and general financial... Confidentiality yield to the constitutional power of an impeachment court. And like Senator Cayetano, it behooves us indeed to be very, very careful and prudent with following not only the spirit but the technical and specific letter of the law. Thank you.
Report correctionMay we now proceed with the continuation of the direct examination of Attorney May.
Report correctionYour Honor, with all due respect, I just make a quick manifestation.
Report correctionforgot. With respect to the comment or manifestation of Attorney Mark?
Report correctionNo, Your Honor. First, on the manifestation of the Honorable Senator-Judge regarding the confidentiality. Your Honor, we...
Report correctionNo need for that, counsel, given that the court already made a ruling. It was a mere manifestation and not an appeal from the ruling of the chair to abbreviate the proceedings. But I remember you making a reservation.
Report correctioncomment with respect to the comment or manifestation of Attorney Mark.
Report correctionYes, Your Honor. We respectfully Take the strongest exception to the allegation earlier that we were being untruthful in the flashing of the document on the screen.
Report correctionYes, Your Honor. It was insinuated that we were deliberately concealing portions of the document flashed
Report correctionon the screen, Your Honor, but that is farthest from the truth. I believe... Atty. Vinluan is alluding to the header which states strictly confidential on the first page, Your Honor. But that was omitted by mere inadvertence. In fact, Your Honor, that very same phrase, that very same header is found in the second page that was flashed on the screen. So there was, we were not being untruthful, Your Honor. There was no attempt to mislead. Neither to conceal your honor. That would be all.
Report correctionVery briefly. Very briefly. Then in that case, your honor, may we just manifest for the record that the prosecution flashed a document that contains the header strictly confidential, which means that there may be violations of confidentiality and the fact that they flashed it on the screen Knowing that this is a public hearing, already exposed the document to each and every Filipino citizen who will watch or who is watching these proceedings, Your Honor, including the ordinary one de la Cruz on the street. Very
Report correctionIf you'll allow me, Attorney May, the court already made a ruling and the court will consider this as part of the continuing objection of the respondent in line with their objection with respect to Supposed violation of the confidentiality provisions of the AMLC law and will simply note the same as part of his continuing objection. Let's not dwell on it, Atty. Mae. Let's proceed.
Report correctionMagandang hapon po ulit, Atty. Buenaventura. Kanina po bago mag-launch, in-identify niyo po yung summary na pre-prepare ninyo at kasama ng inyong mga analysts. Naupunta po tayo sa table 1 ng summary na iyon.
Report correctionWitness has been given continuing authority to refer to the summary and/or table that he prepared, identified as Annex A and earlier requested to be marked by counsel for the panel of prosecutors.
Report correctionSo punta po tayo sa table 1 ng sinabing summary which is Exhibit P Roman numeral number 2-7-33.
Report correctionGoing back, Attorney Benaventura, sa leftmost portion po nitong summary na ito, merong nakalagay ng mga salitang number of CTRs. Ano po ba ang ibig sabihin nito?
Report correctionYou are in the interest of also the manifestations made by a couple of the Senator-Judges. They can proceed with this presentation, Your Honor, by just confronting The witness with the hard copies of the documents without necessarily flashing these on the screen, Your Honor.
Report correctionYour Honor, that is prosecutorial prerogative, Your Honor. And if this honorable court will recall, it was the defense who first started presenting documents. Flashing documents on the screen and they were accorded leniency. Now, Your Honor, we respectfully request that we be accorded the same leniency. We are flashing this document on
Report correctionbenefit of everyone, especially the viewing public, Your Honor, because they do not have access to these documents so that they will be able to follow the proceedings, Your Honor.
Report correctionYour Honor, just a short response. Your Honor, first of all, for the record, we have never shown any document that has been marked strictly confidential. Of course, we haven't presented, it hasn't been our turn to present documents. And even in our controverting evidence, Your Honor, we have never flashed on the screen anything that is labeled as confidential or strictly confidential for the record, Your Honor.
Report correctionJust to put finesse to this issue, Your Honor, Your Honor, under... Contrary to what were submitted, Your Honor, there are exceptions for the disclosure of AMLC documents, Your Honor. And this is found in the second paragraph of Section 8A of the AMLA, Your Honor. In that provision, Your Honor, it says that the AMLC may promulgate its own rules and regulations relative to the disclosure and confidentiality. of AMLC documents. Earlier, Your Honor, this witness already testified that pursuant to that provision, they promulgated internal rules and regulations relative to disclosures of their records, Your Honor. So, Your Honor, this is no longer, this document, records that we will be presenting later, Your Honor, is no longer covered by confidentiality or cloaked with confidentiality.
Report correctionwas about to say, unfortunately, Attorney May, I doubt if this will put finesse to this issue. But yes, one last point, Attorney Mark, then you can continue.
Report correctionAgain, Your Honor, the strict confidentiality of documents as labeled, as the label appears, Your Honor, will be rendered futile or nugatory by the flashing of this document on the screen, Your Honor. We have to adjust to the times, Your Honor. Even the ordinary Filipino person, your honor, can access our proceedings through cellphone or the internet, your honor. And they can make unnecessary interpretations of this document.
Report correctionand probably whether erroneous or otherwise. And so, Your Honor, the objective of the prosecution will still be achieved if they just confront it. They don't need to condition the mind of the public.
Report correctionYour Honor, the person who prepared that document with strict...
Report correctionAttorney May, if you will allow me, Attorney May, again, it will not put an end to this, really. If you will just, both sides, just keep on arguing. Allow the chair to rule. The witness was earlier confronted and asked by the presiding officer in regard to the confidentiality provisions of the AMLC law as amended and as he earlier stated with eyes wide open since he was part of the team that prepared this document. He is testifying on this document with the belief that he is in full compliance with the law or if at all would be aware of potential liabilities, if any there would be, as to what he is testifying to before this, what he described to be a competent court. That would be the lookout of Attorney Ronell, which she enters into with eyes, as I said, wide open. Now, the court notes that each and every page
Report correctionOf the summary and tables to be presented by Atty. Ronel contains in the upper left corner the phrase strictly confidential as correctly pointed out by Atty. Mark for whatever purpose legal or otherwise it may serve at a later time or for whatever remedies the counsel-correspondent may avail of the court notes and confirms that indeed that statement is found in the upper left corner of each and every page of the table, including the covering letter, pages 1 and 2, concerning the same. One last point, Attorney Mark, then we continue.
Report correctionThis is actually a new point, Your Honor, considering the ruling also of the court. Can we just make for the record and just ask the witness, if he is consenting to the flashing on the screen for the viewing public to see, The soft copy of the documents that he's being confronted with. We understand that it is not his prerogative to be confronted with a document but he already mentioned a while ago or at least the prosecution mentioned that he was not the one who prepared the presentation, Your Honor. So may we just set the record straight and inquire of this witness if he is consenting or acquiescing to this presentation. Let
Report correctionme correct you, counsel. He said that he was part of the People who prepared this document and that he was assisted.
Report correctionSorry, Your Honor. I'm not talking about the preparation of the document. I'm talking about the PowerPoint presentation, Your Honor.
Report correctionThe Presiding Officer deems that proper subject matter for cross for this particular witness at the appropriate time. This is a material from the witness himself. given to the court and distributed to the members of the impeachment court and the senator-judges as well as to the parties.
Report correctionEverybody, as I said, is given adequate notice ex abundante cautela with caution regarding what they may do with this document with eyes wide open and knowingly. So the court notes the reservation and manifestation of Attorney Mark You may ask the witness later on, Atty. Martin, when your time comes for a cross. Atty. May, you may proceed.
Report correctionOdeventura, balikan ko lang po yung question ko bago po ako na-interrupt. Okay, kanina po in-identify niyo yung summary, yung table 1, sa leftmost portion po nito, sa leftmost column, meron pong salitang number of CTRs. Ano po bang ibig sabihin nito?
Report correctionThis refers po to the number of cover transaction reports as appearing po dun sa title po niya na Tabular Summary of Cover Transaction Reports po, Your Honor.
Report correctionBase din po sa summary na ito, ilan po ba ang CTR na nasa record ng AMLC tungkol kay Vice President Sara Duterte?
Report correctionBased lang po dito sa summary po, it's 373, Your Honor.
Report correctionIlan naman po ang covered transaction reports na nasa record ng AMLC tungkol sa kanyang asawa na si Atty. Manasseh Scorpio?
Report correctionAng number po is 363 po based on the records, Your Honor.
Report correctionYour Honor, we request this honorable court to take judicial notice of the fact that the total covered transaction reports on file with the AMLC based on the summary involving the spouses, Duterte, is 666.
Report correctionPart of the table of the witness need not be taken judicial notice of counsel. Please proceed.
Report correctionNow punta na po tayo sa, again, tingnan po natin yung mga CTRs na nabanggit. May I invite your attention to Exhibit P-Roman numeral number 2-7-11. Sa pages 10A hanggang 10C po nito, may entry po na may reference number 04141300032809 na nagkakahalagang US$221,322.76 sa line 15. Ano po ba ang transaksyong ito?
Report correctiontitignan niyo po yung exhibit P-11-7- Sorry, P-2-7-11. Sa pahina 10A hanggang 10C, meron pong entry na may reference number 04141300003-2809 na nagkakahalagang
Report correctionYour Honor, yung transaction reference po is
Report correction041413000032809. Tama po ba?
Report correctionThat transaction po refers to...
Report correctionIt was reported by Bank of the Phil Islands, J. Vargas. May transaction code po na CWLO. Transaction date po niya is April 8,
Report correction2013 in the peso amount of 9 million.
Report correction109,644.80, Your Honor. This account po is...
Report correctionis P Roman numeral number 2-7-11. Attorney May, correct?
Report correctionYes, Your Honor. So, this account po is owned by former President Rodrigo Duterte and... Vice President, Sara Duterte. Your Honor, this is a transaction code of CWDLO. May I request permission to confer with my documents on the AMLC reporting guidelines on this particular code?
Report correctionmay do so. Continuing authority is given to you, Attorney Ronel, to consult your notes as long as you make it of record that you are consulting your notes. But authority and permission is given.
Report correctionSo, I'm consulting on the Annex B of the AMLC reporting and registration reporting guidelines. The code CWDLO po means its
Report correctionwithdrawal over the counter po. So, there's a client withdrawal from its deposit account through over the counter. So, that's the transaction for your honor.
Report correctionPunta naman po tayo sa pages 12A to 12C. ng parehong covered transaction report. Meron din po diyang entry with transaction reference number.
Report correctionon, Atty. Mae. Bakit po may peso at dollar na nakalagay, Atty. Ronel? Is that just the conversion?
Report correctionDollar account po ba ito na binindraw sa piso o piso na binindraw sa dollar?
Report correctionare not two separate amounts, correct? That must be roughly the conversion rate at that time.
Report correctionYes, Your Honor. There's a mention of, in the FX code column, there's a mention of USD and there's also a mention of FX amount in the amount of 221, 322.76, Your Honor. But I cannot say, Your Honor, whether this was withdrawn over the counter in peso or in dollars, Your Honor. It doesn't appear on the records, Your Honor.
Report correctionNo, Your Honor. It's just one transaction, Your Honor.
Report correctionagain, sorry to interrupt, but another factor comes into play because the witness is already testifying on foreign currency, Your Honor. And as we know, Your Honor, When it comes to foreign deposits or foreign currency, there is absolute prohibition. That's why we just want to put on the record that we will not be complicit to the breaking of the law in terms of the revelation and even examining these figures, Your Honor, for the record. Moreover, Your Honor, we noticed, Your Honor, that there's a date transaction there. We're already in 2026, Your Honor, and we just want to manifest for the record that they're displaying a transaction that is 2013, Your Honor, just for the record.
Report correctionMay I also just make a counter-manifestation, Your Honor?
Report correctionNeither do we in the prosecution, Your Honor, want to be complicit in any violation of the law, Your Honor. But in this case, Your Honor, there is no such violation.
Report correctionWhat the Foreign Currency Deposits Act prohibits is inquiry into foreign currency deposits. But the inquiry at issue here, Your Honor, is not inquiry into bank deposits. We are inquiring into the covered transaction reports. And under Section 11 of the AMLA, Your Honor, it says that regardless or notwithstanding the confidentiality provision of the Foreign Currency Deposits Act,
Report correctionAMLC may look into bank deposits. And also your honor, if I'm not mistaken, it's section 76 of the manual of regulations of foreign exchange transactions, your honor. It specifically exempts from the confidentiality provision of the Foreign Currency Deposits Act the reporting of covered and suspicious transactions, Your Honor. Since, Your Honor, that is already the reporting of covered transactions and suspicious transactions are already taken out from the ambit of the prohibition, then with more reason, Your Honor, that we can inquire and look into these covered transaction reports, Your Honor.
Report correctionYes, the court will note the respective manifestations of counsel. Attorney Mark, for your rebuttal.
Report correctionYeah, considering also, Your Honor, that the witness himself testified in open court that he cannot distinguish whether these two figures are conversions or then the figures as flashed on the screen could mislead not just this honorable court but also the people watching. Are these aggregate amounts? Are these separate amounts? Is it one and the same amount? Just converted figures? In other words, Your Honor, this is not a press conference. This is a court proceeding, Your Honor, a formal court proceeding. And the use of these unreliable and inaccurate representations are unwarranted.
Report correctionall due respect, Your Honor, there was no prior testimony from this witness that he could not distinguish the...
Report correctionforeign currency from It's corresponding conversion in Philippine Peso, Your Honor. It's the defense counsel who's putting words into the mouth.
Report correctionwas the presiding officer who asked the witness and the witness answered.
Report correctionCounsel, precisely the presiding officer asked to clarify because this is based on the documents submitted and I even had the exhibit exactly identified. In order to give clarity not only to the senator judges but the viewing public as well, that these are not separate transactions that should be added. This is one and the same transaction that may most likely be simply converted into peso or into dollar but refers to one and the same transaction, not a different transaction. And with the permission of both parties, while indeed pursuing the interest of your respective positions and or clients, As much as possible, let's make it about the witness instead of about the legal arguments of the Counsels, especially given that the Court already noted the continuing objection along the same lines of the Counsel for Respondent for us to move forward, however difficult it may seem to be at this point. Let's try to move forward, ladies and gentlemen, if you please.
Report correctionAttorney Mae, kindly proceed with your questions.
Report correctionAttorney Buenaventura, balik po tayo sa pages 12a to 12c ng parehong covered transaction report. Meron po dyang transaction entry na may transaction reference number ST002434015971342740. Na-follow niyo po ba?
Report correctionpo ako kung may line number po kasi medyo marami po siya.
Report correctionmay line po kung pang ilan po.
Report correctionLine 7 po. It's in the amount of US$225,581.94. So,
Report correctionYour Honor, this is a transaction reported by Bank of Philippine Islands.
Report correctionOn the account of former President Duterte and Vice President Sara Duterte,
Report correctionthis was transacted March 9, 2011.
Report correctionThere's a peso amount of 9,785,744.55. Then similarly po, may FX amount na naka-indicate po.
Report correction225,581.94. May FX code na USD. Yung transaction code po niya is DBM po your honor. Checking lang po doon sa codes.
Report correctionSo for note lang po your honor, I'm looking at hindi na po sa ARRG because AMLC registration reporting guidelines kasi around 2014 lang po. Ito po ay 2011 so yung lumang Old reporting guidelines po yung gamit namin. DBM means po debit memo.
Report correctionHindi po nakalagay dito, Your Honor, kung ano po yung nakalagay na debit memo po. So hindi ko po masagot po yun.
Report correctionFor the record, Your Honor, based on the records of the MLC, aside from those that were already... identified by the witness, there are at least 40 other additional covered transaction reports involving dollar accounts registered under or connected to Vice President Sara Duterte and Attorney Manassas Carpio.
Report correctionThe testimony to the witness is already basically testifying on behalf of the witness, Your Honor.
Report correctionHonor, I am confused because in the previous testimonies, every time you would refer to the documents, sometimes they would say, they would object on the ground that the matter is already in the documents or these matters are already reflected in the documents. So to abbreviate the proceedings, Your Honor, instead of having or asking this witness to go over each and every account, or document which consists of voluminous pages, Your Honor, we are already making that manifestation, Your Honor.
Report correctionWith all due respect, Your Honor, attorney May's confusion is not our concern. Again, we have to go back to specific examples when we did that. We never did any, we didn't make any manifestation as to conclusions of fact and law. We just merely relied on the testimonies of the witness, Your Honor.
Report correctionare duly noted. Let's move on, Atty. May. And henceforth, let's focus on what the witness is saying or has to say.
Report correctionYes, Your Honor. I will be moving on, Your Honor, lest this be about my confusion. Okay, so punta po tayo sa page 5C of P-Roman numeral number 2-7-11. Meron po ditong dalawang transaksyong inuulat ng Philippine Savings Bank. Wilson Branch na may transaksyong reference number C122D3601833639555 at C122D3601833639554. Ano po ba itong mga transaksyon
Report correctionTransactions, may we know how this is related to our impeachment case?
Report correctionthese are covered by the charges under Article 2 of the Articles of Impeachment. If I may read, Your Honor, the charges include letter A Amassed unexplained wealth manifestly disproportionate to her lawful income and earnings during her incumbency as a public official. Letter B. Failed to fully and truthfully disclose all her and her spouse's assets, liabilities, and net worth in her statement of assets, liabilities, and net worth, SALN, including in her SALN for the years, including in her, including but not limited to in her SALN for the years 2022, 2023, and 2024, Your Honor. So it's covered by the chargge under the Articles of Impeachment, Your Honor, and hence, very relevant.
Report correctionYour Honor, and not just because they alleged it in the articles of impeachment, it is already relevant. That's precisely why we're making the objection, Your Honor.
Report correctionwe'll rule an objection. This is part of the subpoena documents which, when the court issued the subpoena, said is part of establishing the baseline of the respondent's net worth. So it'll be part of the... Narration of the witness leading to the actual net worth and or the presence or absence of ill-gotten wealth, I presume, at the end of the presentation of Attorney Ranel. The objection is overruled. Attorney, may you may proceed?
Report correctionYour Honor, may I request for what line is it again in the record?
Report correctionThese are at the third and second to the last lines.
Report correctionto the last. Third to the last and second to the last.
Report correctionI'm seeing, so there are two transaction reference numbers here for the third to the last is C122D3601833639555 and then the second to the last is C122D
Report correction3601833639554. So your honor, this transaction is
Report correctionwith the institution reported by Phil Savings Bank dash Wilson. The date is December 26, 2018.
Report correctionboth in the amount of 1,945,265.88 pesos. The third to the last has a code of DTDPD while the second to the last has the code DTDYK. Based on AMLC registration and reporting guidelines, DTDPD means
Report correctionTime Deposit Placement Debit Memo. It's a placement of time deposit or special deposit, premium deposit, long-term deposits, etc. other than savings or slash current through debit of account holder's account. While the DTYK means a time deposit payment credit memo, termination of time deposit, special time deposit, premium time deposit, and the like where proceeds are credited to the account. Your Honor.
Report correctionWith the indulgence of Atty. Ronel and Atty. Mae, when you make mention of reference numbers, you can just make mention of the last four digits perhaps or the last five digits without need of mentioning.
Report correctionPunta naman po tayo sa 2019 year-end time deposits. So punta po tayo sa pakitingnan po yung page 5C ng Roman numeral number 2-7-11-AMLC Meron po ulit dyan transaction reported by Philippine Savings Bank Wilson na may transaction reference numbers ending numbers 0490 and 0489. Ano naman po itong mga transaction na ito?
Report correctionPwede po makuha kung anong line po siya.
Report correctionThis is reported by Philippine Savings Bank Wilson. With the same... with the first po, yung, pang-anim po, with the transaction code DTD-PYD dated one, January 1, 2023... Ay January 23, 2020 in the amount of 1,984,235.15 pesos. Yung second naman po, may transaction code na DTDYK dated January 23, 2020 in the amount of 1,984,235.15. Yung DTD PD po, there's yung kanina po yun, Time Deposit Placement Debit Memo. So, nagkaroon po ng placement of time deposit and then yun naman pong DTD YK, time deposit payment credit memo. So, termination of time deposit where the special time deposit, premium time deposit and the like, where proceeds are credited to account, po, Your Honor.
Report correctionThank you. Your Honor, the prosecution will later demonstrate through the corresponding silence and supporting records. that these financial assets do not appear among the assets disclosed by Respondent Vice President for the year ending 2019. Now, punta po tayo sa page 4C ng parehong Exhibit P-Roman Numeral No. 2-7-11. Meron po ulit dalawang transactions reported by Philippine Savings Bank Wilson na may transaction reference number 4456 at 2210. Ano naman po itong mga transactions na ito?
Report correctionPwede po makuha ko anong line po siya.
Report correctionObjection, Your Honor. Sorry, Your Honor, to belabor this point, Your Honor. We've been giving leeway to the prosecution, Lawyer, Your Honor, but we don't see the relevance how pointing out one transaction per year can clearly establish a baseline as mentioned by the presiding officer. This will just add to soundbites, Your Honor. Very respectfully.
Report correctionAtty. Mae, we are still on P Roman numeral 2-7-11, right?
Report correctionSo these are samples of the spreadsheet of that exhibit?
Report correctionAnd I guess you will do the same for the other spreadsheets?
Report correctionYes, Your Honor. And if I may just quickly respond, Your Honor, because this is very important, Your Honor.
Report correctionBecause again, your honor, the defense counsel seems to suggest that we can only ask on conduct committed prior to the incumbency of the vice president to establish baseline. But your honor, in the ruling of this honorable court, it was clear that not only...
Report correctionNot only can we ask matters pertaining to preterm conduct to establish baseline, but also to establish pattern. And what was prohibited, Your Honor, is for the prosecution to allege new charges not covered by the articles of impeachment. That's why, Your Honor, I had to read out earlier what the articles of impeachment provided. Now, Your Honor, if it is the...
Report correctionWe respectfully beg to differ your honor. If you look at Section 2, Article 11 of the Constitution, nowhere is it provided that there is temporal qualification. Your Honor, the provision does not provide temporal qualification for the impeachable offenses. If we compare this with other provisions of the Constitution which would employ words, temporal qualifications, temporal limitations, like words to the import of during the incumbency within the term, these words, Your Honor, are not employed in Section 2, Article 11 of the Constitution. And that omission, Your Honor, could not by mere happenstance. It was deliberate, Your Honor. The intent of the framers of the Constitution, Your Honor, is to not limit the impeachable offenses for conduct committed in term. That's one, Your Honor. I know and I anticipate, Your Honor, the defense to again raise Duterte v. H.O.R. But, Your Honor, the statement of the Supreme Court in Duterte v. H.O.R. that the basis of the charge should be acts committed in term, it's not a binding precedent, Your Honor. It's mere obiter dictum. Because, Your Honor, if this honorable court will recall, What was involved in that case, Your Honor, was merely the one-year time bar. At no point, Your Honor, was the Supreme Court requested to rule on and decide on whether impeachable offenses may cover acts interim or preterm. Also, Your Honor, Also,
Report correctionYour Honor, in Francisco v. House of Representatives, The Supreme Court specifically held that what would constitute the Senate Impeachment Court or Congress has the sole prerogative of determining what would be impeachable offenses.
Report correctionSenate Impeachment Court is not short of jurisdiction or authority to determine for itself at the proper time whether conducts preterm may constitute impeachable office. That's why, Your Honor, we are not omitting from our presentation conducts committed preterm, Your Honor.
Report correctionalso, Your Honor, there's also, Your Honor, our submission is not without, President, Your Honor, it is not without judicial mooring. In Republic v. Sereno, GR No. 237428, May 11, 2018, Your Honor, the Supreme Court has already considered misconduct that came before the respondent's appointment, specifically, in that case, her SALN record in deciding whether she could continue to hold office and whether or not former Justice Sereno's failure to truthfully file her SALN Prior to her becoming Justice of the Supreme Court. Sorry.
Report correctionIf I may, I'm sure you will have hopefully not a mouthful as well, Atty. Mark, before the court makes a ruling on this matter.
Report correctionAtty. May. With the indulgence of Attorney May, Senator-Judge Lacson is recognized.
Report correctionTutulong nalang po kami, sir, presiding officer. I vividly recall, meron kayong ruling, any document or any material prior to June 30, 2022, eh pwedeng tanggapin pero hindi iti-treat as evidence.
Report correctionYes, Mr. President, Mr. Presiding Officer. Thank you.
Report correctionThank you. I was just, again, kindly wind up, Atty. May, thereafter, Atty. Mark.
Report correctionYes, you said you were not yet finished, Atty. May?
Report correctionYes, Your Honor. In any event, Your Honor, the misconduct continues into the present term. Even if the wealth was acquired before June 30, 2022, the respondent continues to keep, enjoy it. And as alleged, conceal it. Your Honor, under Article 1456 of the Civil Code, property acquired through unlawful means is held in trust for the state. Hence, the Vice President's continued possession of it and her continued failure to disclose it in her SALN as Vice President are present-day violations, Your Honor, even if it started prior to her incumbency as Vice President. And lastly,
Report correctionYour Honor, The records are necessary evidence of interim falsity, Your Honor, and to establish, again, pattern and baseline.
Report correctionFirst of all, again, Atty. Mae, with all due respect, Atty. Mae, I don't think she's in the position to argue on behalf of the defense. And just to give a short retort on some of the doctrines that she mentioned, first of all, it is not our position that Duterte v. House of Representatives is in any way obiter dictum. It is not specified in the ruling of that case. We believe it is our position that its jurisprudence forms part of the land and is thus binding.
Report correctionTo Your Honor, the reference to the Sereno case is totally unavailing considering that such was a co-warantor case and not an impeachment case, Your Honor. And lastly, Your Honor, going back to my question that Attorney May commented to, just on the issue of baseline, Your Honor, it is our understanding that the requested records are sought to establish the financial baseline and capacity only. It is not to inquire into or prosecute impeachable acts occurring outside the articles of impeachment. But precisely, Your Honor, the fact that they're presenting this is already, and this will form part of the testimonial evidence of this witness, it's already in violation, Your Honor, of what has been agreed upon. Thank
Report correctionI'm throwing this back to Atty. Vinluan, Your Honor. His understanding of the import of this honorable court's prior resolution or in his words, his seeming confusion is not our concern. Your Honor, first, I never said that it is their position that the ruling in Duterte v. H.O.R. is obiter dictum. That is our submission, Your Honor. It is our submission that that line or that statement they kept on quoting from Duterte versus H.O.R. is mere obiter dictum. That is our submission. Now, Your Honor... They are saying that Republic v. Sereno is inapplicable, Your Honor, because that is a co-waranto case. Your Honor, if we adopt that interpretation of Republic v. Sereno, then we would have one very absurd interpretation when prior conduct or preterm conduct can be considered as grounds for disqualifying
Report correctionPublic official from holding office, but not, but would allow, but this preter... Sorry, let me organize my thoughts, Your Honor. Okay, it will be absurd, Your Honor, if we will say, or if we will interpret Republic versus Sereno to... Belimited to co-warantor proceedings, Your Honor. In Republic v. Sereno, Your Honor, the Supreme Court said that preterm conduct can be considered as grounds for disqualifying a public official from holding public office. Now, it will be absurd, Your Honor, if preterm conducts can be considered ground for disqualifying a public official from holding office but will not consist as ground for disqualifying a public official from continuing to hold public office. So, we respectfully submit, Your Honor, that the public versus your honor is equally applicable in this case, Your Honor.
Report correctionAgain, Your Honor, we cannot invent jurisprudence. We cannot add interpretations to what the Supreme Court has already held. Thank you, Your Honor.
Report correctionBefore I recognize the attorney, as Senator-Judge Alan Cayetano, Chair would like to State that lawyers can argue these legal points till kingdom come. And I doubt if you will reach or intersect or come to an agreement.
Report correctionBefore the chair makes a ruling, Senator-Judge Allen, what is your pleasure, sir?
Report correctionMr. President, Mr. Presiding Officer, may I just give some input and a manifestation?
Report correctionin the argument now and I apologize I have a little bit of an asthma bout so I apologize if my voice is not that consistent. So this is an impeachment trial and what is very important here is we follow the constitution, we follow the rules of the impeachment court and fairness. Having said that because this is a political process as much as a legal process We want the public to know as much as possible. We want to hold the impeachable officers accountable.
Report correctionmay naglalaban na values dito. Yung value ng right to know. Ano ba talaga ang finances ng Vice President? Did she launder money? Did she steal money?
Report correctionHindi ba nila dineclare ng tama? Etc. But this is not the Wild Wild West. Just because we're curious or just because we want to hold someone accountable, that doesn't mean that we will not follow the rules. So this is the point where I ask the presiding officer about treading carefully upon sacred laws. For example, in the corona impeachment, it was against the Chief Justice and we presumed he had the support of the Supreme Court. Yet when the Supreme Court ruled that we will not look into the dollar accounts because it is strictly confidential, we did not. But the Executive Director did not even pause when it came to dollar transactions and didn't even ask if the impeachment court would allow it. There is a provision in the Anti-Mundering Law that We cannot use this law against political persecution. So where is the line? Where is the line between transparency, accountability, and when is there a strict interpretation of the law? So baseline. Okay. When we had the corona trial, we did not have Duterte versus H.O.R. yet. So, when we needed to know the baseline, we allowed documents, if I'm not mistaken, Mr. Presiding Officer, 10 years? Corona impeachment, 10 years?
Report correctionNow, when we discussed this, we also allowed baseline, precisely just to know when it was opened, magkano yan, etc. But there was no legal arguments or there was no...
Report correctionSenator Migs, myself, Senator Escudero were in many impeachment proceedings. Estrada, Corona, Arroyo. I wasn't in the Davide. I wasn't a participant there. But there was always a common denominator that we stop and we do not bend the law and we protect the Constitution and the law. Why? because that is more important than holding one person accountable. But in this case, it's very clear from the very articulate lady prosecutor that anyway, they have the documents and they have the numbers in the present. So why should we argue about those numbers that were before that? I mean, it's up to the executive director if he wants to risk his career and his liberty. and he wants to do a press con or they want to reveal it outside this impeachment court, okay. But you do it inside the impeachment court with all of us here when there is a ruling that prior to your term, the impeachment has to be in regard to your term and also in connection with your duties. Yun po ang prevailing Supreme Court decision. If we do not agree with that, we challenge that decision. We don't just say here that that decision does not apply because it's quite clear. How many times do we have to violate the Constitution in this court when it's very, very clear? And what's surprising for me is that it seems that you have, I'm not looking or judging yet at the quality of your evidence, but it seems that you have so much. So can we not, Mr. Presiding Officer, focus on Those elements or the amount and quality of evidence that the prosecution have that there's no question. Then argue later. Para hindi rin tayo ma-interrupt o mabitin dito. Kasi kung hindi, ang daming law student nagtatanong na sa akin, Sir, ba't ganon? Panay na lang continuing objection but we can do anything in this impeachment court. So what happens when the COA finds something Really, really bad, let's say, against a president or against senators or against congressmen. Tapos in-impeach nila. They can just dig up and look at anything. Then let's change our laws and change our rules na lang para we're not violating the law. So the judges have to be able to render the judgment out of fairness based on law.
Report correctionWe're not arguing on the facts now, Mr. Presidente. We're not arguing on the evidence. We're arguing on the application of the law kung anong pwede at anong bawal. So, yun ang aking two cents. One, can we tread carefully? Two, pagkaklaro naman na pwede at marami naman, can't we focus on that? And then to the witness, you're not an ordinary witness. May I ask one question to the witness? Mr. Witness, have you been here in the Senate and briefed senators before?
Report correctionNot in my capacity as Executive Director.
Report correctionBefore po with the AMLC, pag po may mga budget, sinasama po ako ng previous Executive Directors.
Report correctionAnd then did you reveal the 20-year history of two Senators here in their banking history?
Report correctionGive me a straight answer. Did you or anyone with you? Reveal the 20-year history of two senators here. It's
Report correctionI cannot answer for my companions, Your
Report correctionIf I was there, as far as I recall Your Honor, no, Your Honor.
Report correctionOkay, so I'll stop there at this point in time, Mr. President, but this is my point. Diba? Senator Trillanes is saying pareho yung hawak niya doon sa impeachment court. Paano niya nakuha yun kung tama? Then we know for a fact that some senators invited people from AMLC here then looked at the records for 20 years of two senators here. So nasan na yung batas? Thank you, Mr. President.
Report correctionThank you, Senator Dajalan. Let the chair make a ruling. Again, to reiterate.
Report correctionLet it be about the witness and what he will say, and not the legal arguments of both counsels. Henceforth, the Presiding Officer will no longer will note the objection and make corresponding rulings, but will no longer allow lengthy arguments on their respective positions. But may I ask, Atty. Mae, how many examples for each covered transaction do you intend to present? Because there are quite a lot.
Report correctionWe're still on Table 1. It's covering 07 to 2025. Table 2 covers same period for corporations. Table 3 covers 2022 to 2025 specifically on the spouses Duterte and Carpio. Table 4 covers 2022 to 2025 for all the subject matter corporations.
Report correctionAnd the subsequent tables pertain to, there's no year. So may I ask, how many samples will you bring up to this witness pertaining to the period 07 to 2025 on table 1?
Report correctionWell, just a clarification, Your Honor. We will not be asking, we will not be looking into samples for all reports, Your Honor. We just selected relevant reports, Your Honor.
Report correctionbefore you proceed to table, I presume you'll be proceeding by table. Would
Report correctionWe will not be covering all tables, Your Honor.
Report correctionYes, select tables, Your Honor. But, Your Honor, if I may just continue with the line that I was pursuing earlier, Your Honor, just to establish at the very least, Your Honor, pattern. Pattern of non-disclosure over the years, Your Honor. I'm now in 2020, Your Honor.
Report correctionNo, the court will allow it. But again, pattern is important. But again, this is on unexplained and or ill-gotten wealth pertaining to the period that she was or is Vice President. So kindly proceed to that point as soon as you can after you're contented with...
Report correctionwe proceed? And again, a reminder to the counsels, without prejudice to Attorney Mark making his objections known and the court ruling on it, let's try to avoid arguments and let the witness speak. And let us hear the witness. Lest it be said that we're trying to muzzle the witness as well and prevent him from speaking. It will be subject to cross-enemy at later time.
Report correctionI apologize for the lengthy exchange. Okay, Atty. Bonaventura, punta po tayo sa page 4C ng Exhibit P-Roman numeral number 2-7-11, particularly lines 15 and 16 na may transaction reference numbers ending 4456 and 2210. Ano naman po itong mga transaksyon na ito?
Report correctionYour Honor, these transactions are reported by Phil Savings Bank, Wilson.
Report correctionfirst one po was reported December 2020.
Report correctionThe second one po is also the same date, Your Honor. The amount for both is 2,005,340.22. With the first one po, may code na DTDPD. The second one po is DTDYK. So referring again, Your Honor, with my rules, with my transaction codes po.
Report correctionDTDYK, Your Honor, is time deposit payment credit memo. Yung DTDPD naman po, Your Honor, is time deposit placement debit memo.
Report correctionNgayon punta naman po tayo sa page 3C ng parehong exhibit with transaction reference numbers ending 3006 at 7376 which are found in lines 24 and 25 of the same exhibit. Ano naman po yung transaction na yan?
Report correctionlet me rephrase that, Your Honor, to shorten the
Report correctionAtty. Benaventura, ano po ba yung Yung reference code para sa mga transaction na yan. Kahit yung reference code na lamang po.
Report correctionDTDPD. Yung pangalawa po is DTDYK. Yung DTDPD po, Your Honor, is time
Report correctiondeposit placement debit memo. Yung pangalawa naman po is DTDYK, time deposit payment credit memo, Your Honor.
Report correctionAt noong, punta naman po tayo sa page 4C ng parehong exhibit. Sorry, 3C ng parehong exhibit, which are found, or
Report correctionsorry, the transactions on page 3C, which are found on lines 1 and 2. Ano po ba yung transaction codes ng mga transaction na yan?
Report correctionYour Honor, we would understand, Your Honor, that the Good Counsel raised transactions prior to 2022 before the Vice President became Vice President. But we already crossed from the previous years to 2022. And by this time, the Vice President is already the Vice President, obviously. So, in other words, Your Honor, the previous questions never established any baseline.
Report correctionAnd so that's precisely the basis of our objection. The relevance, Your Honor, of those questions. Since considering that no baseline was established. Thank you, Your Honor.
Report correctiona conclusion of fact, if at all, counsel. We're now on 2022. This is already within the term of the Vice President. I don't think now is the time to stop insofar as these transactions are concerned. Court overrules the objection.
Report correctionAtty. Buenaventura, ano po yung mga transaction code para sa transaction reference numbers ending 4571 at 2891 na nasa line numbers 1 and 2?
Report correctionYung first po is DTDPD. The second one po is DTDYK, Your Honor.
Report correctionDTDPD, Your Honor, is Time Deposit Placement Debit Memo. Yung DTDYK, your honor, is time deposit payment credit memo.
Report correctionYour honor, just again, a quick manifestation. The prosecution will demonstrate through the corresponding silence and supporting records that these financial assets do not appear among the assets disclosed by the respondent vice president for the years 2019,
Report correctionestablish again, your honor, pattern and a baseline
Report correctiona counter-manifestation, Your Honor. It's highly improper for the Counsel to make manifestations including during the testimony of the witness.
Report correctionTogether, in proper perspective, taking into account the SALNs, if that's part of his analysis.
Report correctionKindly move on, Atty. Mae. Let's just, again, listen to what the witness has to say with respect to the data he has with him at AMLOC.
Report correctionThank you, Your Honor. And can we, just one last manifestation, Your Honor. Can we just request, Your Honor, that this Honorable Court gives a directive to
Report correctionTo ask the prosecution from refraining making those manifestations, you can just ask questions.
Report correctionkeep it on the record, Attorney May, but kindly move on and as pointed out by Attorney Mark, avoid such conclusions.
Report correctionFact and law pertaining to what will be presented at a later time, perhaps.
Report correctionOkay, punta naman po tayo sa pages 2B and 2C. of the same document with transaction reference numbers ending in 1205 sa seventh line po. Ano naman po yung mga transaction codes na ito? Or ano po itong transaction na ito?
Report correctionYung seventh line po ay reported by Land Bank of the Philippines, Land Bank of the Fields, San Pedro. Transaction code CWDLO. The transaction date is December 5, 2024 in the amount of 2,371,000 pesos. CWDLO po is
Report correctionwithdrawals over the counter po, OTC. Client's withdrawal from its deposit account through over the counter, Your Honor.
Report correctionAt kailan naman po yung withdrawal na yan ginawa?
Report correctionDecember 5, 2024. Ah, December 5, 2024, Your Honor.
Report correctionPunta din po tayo sa pages 2, B and 2C ng parehong document.
Report correctionSa transaction with reference number ending 7943, nasa fifth line. Ano rin po ba itong transaction na ito?
Report correctionIt's a transaction reported by BDO Unibank Inc., Davao, Ariza on the date of December 20, 2024 in the amount of 5,969,000 pesos. The transaction code is CWDLO. So, same po as withdrawal over-the-counter, client's withdrawal from its deposit account through over-the-counter po, Your Honor.
Report correctionOkay. And last for that point, pakitingnan po, same page, yung transaction reference number ending 1991 sa 6th line. Ano naman po yung transaction na iyan?
Report correctionThis one po is reported by Metropolitan Bank and TCODAV slash Ecolan. The transaction date is December 20, 2024. The PESA amount is 1,700,000. The transaction code po is CENC. CENC. Let me check.
Report correction2020 for your honor. Yung CENC po ay check and cash met over the counter.
Report correctionPakitingnan din po yung pages 2B and 2C ng parehong dokumento. Sa fifth line, transaction number ending 7943. Ano naman po yung transaction na yan?
Report correctionIt's transaction reported by BDO Unibank Inc., Davao, Riza. Transaction code is CWDLO. Transaction date is December 20, 2024. The peso amount is 5,969,000.
Report correctionay yung withdrawals OTC or client's withdrawal from its deposit account through over-the-counter po.
Report correctionAttorney Benaventura, kayo po ay isang kawanin ng gobyerno? At alam niyo po na ang last day ng filing ng SALN is December 31 ng bawat taon. Ngayon, yung last transaction na withdrawal ng pera na iyong nabanggit ay ilang araw po bago ang supposed last day of filing ng SALN.
Report correctionDecember 31 is not the last day of filing of the SALN. It is the cut-off date
Report correctionbe covered by the filing of a SALN at the succeeding year.
Report correctionSo with that limitation, the witness may answer if he knows.
Report correctionFrom December 31 to December 20, that's about 11 days po, Your Honor.
Report correctionEleven days. Para po pala yung sa confidential funds.
Report correctionKung your honor, kasi yung transaction date po is December 20 and then yung intindi ko po sa question is if yung December 31 po.
Report correctionYour honor, please. Your honor, if we just a manifestation, your honor.
Report correctionlet the witness answer first. What did you say, Attorney Ronell? What's the period you were talking about? December 20 to 11?
Report correctionDecember 20 to December 31 po na yung tanong po kanina na sa intindi ko po sa tanong is gaano kalayo or gaano katagal yung from December 20 to December 31 po. So ang sagot ko po is around 11.
Report correctionyou're referring to the period 20 to 31. Yes, Atty. Mark. Your Honor,
Report correctionfor the record, Your Honor, again, with all due respect to Atty. May, but she made snide remarks regarding 11 days, which we deem highly improper, Your Honor. This is not a barbershop talk. These are unprofessional remarks, Your Honor. So we just want to maintain the integrity of these proceedings.
Report correctionThey keep on repeating it and so we just want these snide remarks, Your Honor, to be stricken off the record, Your Honor.
Report correctionThe chair will strike off the remarks of Attorney May. Also, the reference or the statements making reference to barbershop or the word snide. Both would be stricken off the record. And we are to proceed. Kindly proceed, Attorney May. Accordingly.
Report correctionThank you, Your Honor. Punta po tayo sa Atty. Benaventura. I refer you to the CTRs on Atty. Carpio, Exhibit P-Roman numeral number 2-7-12 on page 3C, lines 16 to 21.
Report correctionEncasment, check encasment over the counter. You see WDLO yung withdrawals over the counter po. These are of
Report correctiondifferent amounts po. 15 million, 8 million, 5 million, 5 million, 3 million, 5 million your honor. The dates are December,
Report correctionI'm sorry, August 6, 2024.
Report correctionAugust 6, 2024, August 6... Lahat po August 6, 2024, Your Honor.
Report correctionplease. Your Honor, at this point, Your Honor, may we just ask for a... May we just ask for a mental health break, Your Honor, and a bathroom break as well. So then it's already 2.30 and we usually adjourn about
Report correctionChair declares a 10-minute break to answer the call of nature of whatever nature.
Report correctionWe shall continue with the direct examination of Atty. Ronel of AMLC, the Executive Director of AMLC. You may continue with your direct, Atty. Mae.
Report correctionOkay. Atty. Benaventura, kanina po may mga binanggit kayo ng mga transaction or withdrawal sa isang araw lamang ginawa. Magkano po yung mga amount? involved dun sa mga withdrawals na iyon.
Report correctionI'm referring to the withdrawals made on August 6, 2024.
Report correctionFirst is 15 million, the second is 8 million. Yung may code naman po na magkakapares na CWDLO, yung over-the-counter withdrawals, 5 million po, 5 million, 3 million, and 5 million po, Your Honor.
Report correctionAt magkano naman po ang total ng mga amount na inyong nabanggit?
Report correctionTo assist your honor, the witness, may we provide him with a calculator, your honor?
Report correctionAssisting counsels may assist in whatever shape, size, form, or manner, including giving a calculator.
Report correction41 million po, your honor.
Report correctionKaninong account po kinuha ang mga withdrawals na iyong binanggit?
Report correctionSa account po ni Manassas Reyes Carpio. Manassas Reyes Carpio.
Report correctionManassas Reyes Carpio, Manassas Reyes Carpio, Manassas Reyes Carpio, Manassas Reyes Carpio, Manassas
Report correctionReyes Carpio, Manassas Reyes Carpio, Manassas Reyes Carpio,
Report correctionReyes Carpio, Manassas Reyes Carpio, Your Honor.
Report correctionPunta naman po tayo sa pages 9C and 10C ng Exhibit P-Roman numeral number 2-7-11. Meron pong 7 na CTRs all dated March 28, 2014. Transaction reference numbers ending 2530, 2540, 2510, 2500, 2480, 2520, at 2490.
Report correctionLast six lines of page 9C hanggang first line of page 10C. Ano po itong mga transaction na ito?
Report correctionWhat is the objection? Kindly hold off on your answer,
Report correctionYes, considering that Attorney Manassas-Scarpio is not the impeachable officer, and this is a transaction in 2014, we are objecting precisely on the basis of relevance, Your Honor. This no longer forms part of the baseline as directed by the Presiding Officer and it's already unfair because it's not represented by any counsel in this proceedings, Your Honor.
Report correctionIt is council, given that the property regime governing the marriage between the Vice President and Attorney Carpio is governed by the absolute community of property and is part of the declaration of the Statement of Assets and Liabilities of
Report correctionThe Vice President, as ruled by the presiding officer in the court when it issued the subpoena. Besides, this is still part of the subpoena. The objection, unfortunately, counsel, is overruled.
Report correctionWe will just register a continuing objection, Your Honor, and just add the manifestation that is already beyond the term of the impeachable officer. Thank you, Your Honor.
Report correctionWe note the objection of, the continuing objection of counsel.
Report correctionCovered transaction reports, lahat dated March 28, 2014. Ano po itong mga transaction na ito?
Report correctionYour Honor, sorry po, anong line po ulit to?
Report correctionLast six lines of page 9C and first line of page 10C.
Report correctionYung nasa page 9C po, these are
Report correctionreported by Bank of Phil Islands, J. Vargas. May transaction code po na CTRIA. May transaction date po. Yung una ay March 28, 2014. March 28, 2014. March 28, 2014. Lahat po. March 28, 2014. Yung sa first line po ng page 10.
Report correctionThis is reported by Bank of the Phil Islands, J. Vargas.
Report correctionAng code po ay Citria. Transaction date is March 28, 2014, Your Honor. Citria po, transaction
Report correctioncodes ko po, Citria means inter
Report correction-account transfers, Your Honor. Movement of funds from one account to another client's account within the same bank, Your Honor.
Report correctionAt magkano naman pong ang mga halaga ang involved dito sa mga transactions na ito?
Report correctionYour Honor, Ito po ang hawak ko po. Ang nakalagay po dito ay yung may entry po pero ang nakalagay po ay mga number sign po parang hash value po your honor. Ganun din po yung nandisa nasa page 10C. In relation to this po your honor, may I respectfully inform po that last Friday po we submitted po yung a version. We made a resubmission of the CTRs na na-affectuhan po nung may hash. Kasi when I was subpoenaed po, I started to review po the records. And then nakita ko po na may mga hash. And then when I checked with internal records namin, may value po talaga. Pero it appears that during the formatting po that we submitted, dahil maliit po yung Column, naging hash po. That was also indicated in my letter sent to this honorable court copy. CC po sa email yung parties po. I also submitted po earlier the hard copy po, Your Honor.
Report correctionYour Honor, may we request for a copy of the resubmitted covered transaction report at issue, Your Honor.
Report correctionCopy, Your Honor. The official copy submitted to this honorable court of the resubmitted Covered Transaction Report.
Report correctionthe copies submitted to the court and then furnished the parties?
Report correctionYes. Last Friday, Your Honor, we sent an email on this copy furnished, yung email na available po sa amin with the parties po.
Report correctionEarlier po, nagpareceive po kami ng copies po sa honorable court po, Your Honor.
Report correctionMark, do you confirm receipt via email of the document referred to by Attorney Ronel of AMLC?
Report correctionwe confirmed the receipt of the actual email, but as to the rectified attachments, we're still confirming if those are complete, Your Honor.
Report correctionYour Honor, may we request a copy of the resubmitted copy?
Report correctionYes, Your Honor. Can we use our own copy, Your Honor? Because it's not formatted the same manner that...
Report correctionAssisting counsel may approach in order to facilitate the marking later on of this document.
Report correctionSo, ito po yung receiving copy po ng AMNC po.
Report correctionFor the reference of the witness. For the reference of the
Report correctionCan we know po ulit yung page number po nung kanina po?
Report correctionito po. May I confirm lang po that for the first one po, yung last...
Report correctionTXN rep number niya ay 2530.
Report correctionthen 2540, 2510, 2500, 2480, and then 2520 po.
Report correctionApo yung 2490. So yung first po.
Report correctionAng amount involved po doon is P41,721,035.62. Yung second po is P55,131,747.32.
Report correctionPangatlo ay 20 million pesos. Yung pong pang-apa, 20 million pesos. Yung pang-lima, 16,852,832.94 pesos. Yung huling-huli po sa page na ito, 20 million po. Doon sa kabila naman po ay 20 million din po.
Report correctionAt magkano naman po ang kabuuhan ng lahat ng transaksyon noong March 28, 2014?
Report correctionYour Honor, can I verse the calculator po kung pwede?
Report correctionYour Honor, may we just manifest for the record that the CTRs do not have any total, Your Honor. It
Report correctiondoes not have any totals and I can do that without a calculator. You just add the 20 times 4 plus 16. So, you're talking 96,852,832.94.
Report correctionThere are two more accounts, Your Honor, mentioned by the witness. There's also the 41,721,000.
Report correctionThere are two more, Your Honor. There's 41,721,035 pesos and 62 centavos and there's... Ah,
Report correctionYes, please. May 41 pa pala. Attorney, 155. Hindi ko na kayo.
Report correctionHonor, 173,705,615.88 pesos, Your Honor.
Report correctionYes, Your Honor. Yes, Your Honor.
Report correctionThe code po is CTRIA, inter-account transfer po.
Report correction-account transfer. So this is a movement of funds from one account to another client's account within the same bank.
Report correctionYes, Your Honor. They have different transaction codes, so they are treated as unique transactions. Okay.
Report correctionCanino po bang accounts ang involved sa mga transactions na yan?
Report correctionYour Honor, they're already presenting an aggregate total in their present... Presentation, Your Honor, particularly PowerPoint presentation. I'd just like to manifest, Your Honor, that the CTRs do not indicate any aggregate total or grad total for that matter because it creates a perception, Your Honor, whether it's correct or wrong. So, may we just ask, Your Honor, that this be taken down?
Report correctionUnfortunately, counsel, the court will allow it to stay because it's quite clear given the intervention of the presiding officer that these are Unique accounts in one day. And he further explained that these are mere transfers from one account to another. But that these are unique transactions. So allow me. Atty. Ronell, so these are not double book transactions. These are unique transactions.
Report correctionAs reported to us, Your Honor, because they have separate transaction reference numbers.
Report correctionnot... Based on records, I would say yes, Your Honor.
Report correctionI would say no, Your Honor, based on the code that was used, Your Honor, and separate transaction reference.
Report correctionI don't have a total here in the records,
Report correctionit proper to total it? Because these are unique transactions. Tama lang po ba na itotal natin na yan ang bilang o laki ng transaction sa loob ng isang araw?
Report correctionit is proper or not, Your Honor.
Report correctionjust manifest for the record, Your Honor, that he said that he doesn't know if it's proper or improper. And then we will just register our continuing objection, Your Honor.
Report correctionThank you, Your Honor. By considering, Your Honor, the answer of the witness, that if he doesn't know whether it's proper or improper, can we take it down now?
Report correctionIf he would have said it was improper, I would have counseled.
Report correctionLet it stand. Let it stay. Attorney May, please continue.
Report correctionYes, Attorney Benaventura, meron po tayong naiwan na question hanging. Kanino pong mga accounts ang involved dito sa mga transactions na ito?
Report correctionYung una po ay kay former President Rodrigo Roa Duterte and Sara Z. Duterte. So, this is a joint account po. Yung pangalawa po is Rodrigo Roa Duterte, Sara Z. Duterte.
Report correctionLahat po doon sa page 9 kay former President Rodrigo Roa Duterte, Zara Duterte.
Report correctionRodrigo Roa Duterte and Zara Duterte, Your Honor.
Report correctionAt just for clarification, Atty. Buenaventura, ilan po dyan sa mga transaction na yan involve the amount of 20 million pesos?
Report correctionBased po dun sa CTR na may transaction reference number ending in 5277 of Exhibit P-RN No. 2-7-11, page 9C, line 18, 7 to the last line ng resubmitted covered transaction report. Magkano po ang halaga ng policy?
Report correctionSorry, paano po ulit yung ending number po? Non-transaction reference?
Report correctionThis one po is reported by BPI Aya Life Assurance Corporation doing business under the name and style of BPI Aya formerly BPI Filam Life Assurance, BPLAC Corp. Yung transaction date po ay 20...
Report correctionApril 1, 2014, in the amount of 20 million po, the transaction code is NPLIC.
Report correctionNPLIC po is purchase of life with investment insurance policy cash.
Report correctionMagkano po ang halaga ng transaction na iyong nabanggit?
Report correction20 million pesos po, Your Honor.
Report correctionThank you. Punta naman po tayo sa Suspicious Transaction Reports on the Vice President and Attorney Man, Scorpio. Kanina po in-explain ninyo kung ano ang suspicious transaction or kung ano ang mga suspicious transactions. Ngayon, base po sa inyong summary, which is Exhibit P-11-7, sorry, P-R2-7-33, and
Report correctionthe STR submitted to this honorable court, ilan po ba ang STRs Nang AMLC on Vice President Sara Duterte?
Report correctionBased on our summary po, Your Honor, 34 STRs for Vice President Sara Z. Duterte.
Report correctionIlan naman po ang STRs na nasa record ng AMLC patungkol kay Atty. Manassas Carpio?
Report correctionFor Atty. Manassas Carpio po, 30.
Report correctionThis one po is 2007 to 2025, Your Honor.
Report correctionOkay. Ngayon, Atty. Benaventura, kindly refer to the STRs on Vice President Sara Duterte, which is Exhibit P-Roman numeral number 2-7-13, particularly pages 6B to 6C. Meron po dyang entry with transaction reference number VDV ending number 0917 sa line 1. Transaction Code STRE dated November 15, 2019. Involving a premium payment to Mercantile Insurance Company, Inc.
Report correctionYour Honor, sorry po. Anong page po ulit?
Report correctionLine 1 po. The ending TXN reference number po is 0917.
Report correction0917. Opo. Base po dyan sa dokumentong yan na iyong hinahawakan, bakit po siya iniulat bilang suspicious transaction?
Report correctionObjection, Your Honor. Again, this is a 2019 transaction already, Your Honor. We don't see the relevance, Your Honor, how this will establish baseline. So for that purpose, Your Honor.
Report correctionare not establishing baseline, we are establishing pattern, which is an allowable purpose for the presentation of documents.
Report correctionon records, Your Honor, as reported by the covered person, the reason indicated is graft and corrupt practices, Your Honor.
Report correctionMaaari niyo po bang tingnan yung narrative na nakasaad sa dokumento ngayon? Ano po kung mayroon man ang nakasaad sa narrative na ito? Maaari niyo po bang basahin?
Report correctionNakalagi po, Your Honor, several news outlets recently released a list of individuals and corporations identified as being involved in the Department of Public Works and Highways, DPWH Flood Control. Issue prompting the filing of a suspicious transaction report, Your Honor.
Report correctionThank you, Atty. Buenaventura. Punta naman po tayo sa transaction reference number ending 4031, line 2, transaction code STRE dated July 4, 2019, involving a premium payment to Mercantile Insurance Company Inc. Bakit din po ito na report as suspicious transaction?
Report correctionYour Honor, The reason indicated here is based on records as reported by the covered person is graph and core practices, Your Honor.
Report correctionMaaari niyo po bang basahin din kung ano ang nakasulat sa narrative na nakasaad sa dokumento kung mayroon man?
Report correctionSo, based on the records po, Your Honor, in the narrative portion, it mentioned Several news outlets recently released a list of individuals and corporations identified as being involved in the Department of Public Works and Highways' DPWH flood control issue prompting the filing of a suspicious transaction report.
Report correctionAnd proper subject matter for cross. The Chair will not be the one to ask that question. I think
Report correctiona proper subject matter for cross given the date that it's 2019. You may do that when your time to cross-examine counsel comes. But we note your manifestation, Counsel.
Report correctionJust for clarification, Atty. Buenaventura, kanino bang account ang involved dyan sa mga suspicious transactions na inyong nabanggit? Yung dalawang suspicious transaction reports na inyong nabanggit.
Report correctionThe indicated po rito is Zara Z. Duterte, Zara Z. Duterte, yung una po. And then yung based on records po nakalagay ay Zara Z. Duterte, Zara Z. Duterte, Your Honor.
Report correctionThank you. Punta naman po tayo sa pages 5A to 5C. There is an entry with transaction reference number ending in 3283, line 8. Second to the last line. Transaction code STRA dated August 1, 2024 involving a transaction with Philippine Savings Bank. Bakit naman po ito na report a suspicious transaction?
Report correctionSorry po your honor, ano pong line po siya?
Report correctionYung 3283 po yung TX and REF number po. So...
Report correctionYour Honor, the reason po indicated here based on records is drug trafficking and related offenses, Your Honor.
Report correctionAt ano naman po ang nakasaad sa narrative sa dokumento kung mayroon man? Maaari niyo po bang basahin din ito?
Report correctionit indicated here that based on the narrative, Your Honor, based on the records, I will read only Per checking today, 01 August 2024 in Manila Bulletin News website, Davao City Rep. Pulong Duterte, VP Sara's husband Carpio, 8 others charged in 6.4 Shabu importation in 2017. A criminal complaint for alleged importation of 602 kilos of Shabu worth 6.4 Billion in 2017 was filed on Wednesday, July 31 against Davao City 1st District Rep. Paolo Z. Duterte, Vice President Zara Duterte's husband, Atty. Manases Carpio, and 8 other persons before the Department of Justice DOJ. Also charged in the complaint filed by former Senator Antonio Trillanes... the 4th, were Davao City 1st District Counselor Nilo Abelera Jr., former Bureau of Customs, BOC Commissioner, Nicanor E. Faeldon, former BOC Director of Investigation, Intelligence Service Neil Anthony Estrella, retired Army Colonel, Allen Capuyan, businessman Pompei Perez, Taiwanese businessman Charlie Tan under account number 078111042107, peso account and Your Honor, earlier po, just to cut lang po, Your Honor, Mr. Presiding Chair, earlier po, I was asked yung may foreign currency po and I note po that the Senator, one of the Senator judges made a manifestation on this one po. So, I'm now pausing po because there's also a mention of a other non-peso account po indicated here. Should I continue to read, Your Honor?
Report correctionYes, there was no earlier ruling against that. It was only a manifestation and or caution raised by the counsel. Again, the earlier questions of the Presiding Officer to you would apply. Unless there is a concomitant objection to that effect, which the Chair or the Court may be required to make a ruling on. Yes, Senator-Judge Aimee.
Report correctionYes, I would like to make that objection, Presiding Judge, please, as it's very, very clear and well established in both the ARAP and Corona impeachment that foreign currency accounts are excluded.
Report correctionActually, the Chair is prepared to... Read and spread into the records an extended ruling on this matter, but for brevity.
Report correctionIn the corona impeachment, if that is being cited as a precedent, it was allowed. In fact, not even by AMLAC itself, but by the ombudsman presenting a document submitted to her. I'm referring to former Justice, former Ombudsman Morales. And the Court allowed her to testify on the foreign currency deposits covered by the AMLC. Second, again, the Chair is prepared to make an extensive ruling on this since we looked into this possibility that an objection would be raised.
Report correctionIf it pleases the Senator-Judge, the Chair can either spread it to the record simply or read the same.
Report correctionAnyway, for brevity, Republic Act No. 6246 should be looked at in line with Republic Act No. 9160, especially in relation to the BSP regulations on the matter. Let me just read
Report correctionFor the information of the senator-judges, for the information also of counsel-respondent, in case they will be exercising any of the remedies that they are free to exercise, and to enrich the records of the impeachment court as well, allow the chair to read the extended ruling for the record. With your indulgence, Attorney Ronel, I'm sure you've been sitting there for quite some time. And also with your indulgence, Attorney Mae, given the objection of the counsel, the objection of Senator-Judge Aimee, rather.
Report correctionThe provision on absolute confidentiality under Section 8 of Republic Act No. 6426 or the Foreign Currency Deposit Act of the Philippines must be read in harmony with Section 9C of Republic Act No. 9160 or the Anti-Money Laundering Act, which expressly requires covert institutions to report covert and suspicious transactions to the AMLC. In making such reports, RA number 9160 provides that covered institutions and their employees shall not be deemed to have violated RA number 6426 as amended. Clearly, the confidentiality afforded to foreign currency deposits does not exempt the latter from the reporting and inquiry provisions under AMLA. Section 76-2 of the BSP's Manual of Regulations on Foreign Exchange Transactions explicitly provides that the absolute confidential nature of foreign currency deposits under the FCDA shall not apply to
Report correctionA covered institution that reports foreign currency deposits in covered transaction reports or suspicious transaction reports to the Anti-Money Laundering Council pursuant to Section 9C of Republic Act No. 9160 as amended. Thus, the suspicious transaction reports or covered transaction reports submitted to the AMLC do not require the status of absolute confidentiality do not acquire, rather, the status of absolute confidentiality merely because they contain information concerning foreign currency deposit accounts. In the aforesighted case of Republic v. Sandiganbayan, the Court ruled that AMLC cannot invoke the confidentiality provisions under the AMLC to prevent disclosure of information on covered and suspicious transactions. The Court did not distinguish between peso and foreign currency denominated transactions. The Court said that unlike covert institutions, the AMLC is mandated to investigate and use the information it has to institute cases against violators. Therefore, the prohibition and confidentiality provisions of AMLA cannot apply to it. Otherwise, it would contravene its direct mandate under Section 7 and unduly hamper criminal prosecution of money laundering activities. This Court also clarifies that it is not at this point compelling the bank or covered institutions to disclose information concerning foreign currency deposits maintained by the respondent. Rather, the witness is simply being asked to testify on records and financial information that are already in his lawful possession through reports submitted by covered institutions to his office. The confidentiality of foreign currency deposits cannot operate to place information lawfully reported to the MLC beyond the reach of the impeachment court. A contrary interpretation would be untenable. While covered institutions are required to flag transactions regardless of currency denominations of the MLC and are at that instance exempt from the confidentiality provisions of the FCDA, the MLC, despite being the government body legally authorized to receive and analyze those reports, would be prevented from explaining or authenticating lawfully acquired information before a competent tribunal. Such an interpretation would substantially impair the statutory functions for which the MLC was created and would run contrary to the Supreme Court's ruling again in Republic v. Sandiganbayan. The aforementioned distinction finds support in the proceedings during the impeachment trial of Chief Justice Renato Corona, where then-Ombudsman Conchita Carpio Morales was presented as a hostile witness by the Respondents' counsel to try and establish that she illegally looked into foreign currency bank accounts of then-Chief Justice Corona. Ombudsman Morales was permitted to testify on information contained in an AMLC report concerning foreign currency bank accounts attributed to the former Chief Justice. In the course of her testimony, it was established that she sourced information from a report submitted by AMLC and not directly from the banks. Asked by then-Senator Miriam Defensor Santiago whether it was the Ombudsman Morales' opinion that the powers of an Ombudsman under the Constitution could override the FCDA, Morales answered that the Anti-Money Laundering Act covers the currency or legal tender of the Philippines or any other country, including dollars, citing Section 3C of Republic Act No. 9160. The confidentiality according to foreign currency deposits has not been treated by the Supreme Court as an infallible rule that admits of no exception. The Court in Salvacion v. Central Bank has allowed the issuance of a writ of execution, for example, on a foreign currency deposit to serve the ends of justice, despite a provision in the FCDA which absolutely exempts foreign currency deposits from attachment, garnishment, order, or process. It further said that allowing the strict application of FCDA to perpetuate injustice would quote, negate Article 10 of the New Civil Code which provides that in case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail. The Court finally invoked the same principle in China Banking Corporation v. Court of Appeals, GR 140687, when it permitted an inquiry into foreign currency deposits alleged to have been unlawfully taken from their rightful owner, saying that the law and secrecy of foreign currency deposits was not intended by the legislature to perpetuate an injustice. Accordingly, the Court hereby denies the
Report correctionRules against, rather, the objection and the manifestation as well of counsel. Let this be spread completely in the records, checked against delivery for the proper remedies to be made available to the parties as they may deem fit.
Report correctionJust to correct the record, I didn't make any objection.
Report correctionYes, it was Senator-Judge Imee. Noted. Attorney May, you may proceed and Attorney Ronel, you may answer. Based on the Court's ruling.
Report correctionAtty. Benaventura, punta po tayo sa... Ay, sorry. Can you kindly continue reading the narrative?
Report correctionHe was about to answer in relation to Foreign Currency, counsel.
Report correctionSo apologies po for the delay, Your Honor. Thank you po. So I'm answering lang po based on the strict ruling of this honorable court. So let me continue reading lang po. Under account number 078111042107, a peso account, and 122141006077, a dollar account. which was opened in PS Bank Davao, Madrazo, and PS Bank Wilson Branch on 03 September 2012 and 03 July 2017, respectively. He presented IBP ID NO 49705 and firearm license NO 1 or I 8001340. During account opening, we declare source of income as lawyer. Both account was still active with average daily balance for the past six months amounting
Report correction519,787.44 and USD 6,411.05 respectively, Your Honor.
Report correctionOkay. Punta po tayo sa pages 3a to 3c. Meron pong entry with transaction reference number ending in 5093, line 3. Transaction Code STRA dated December 5, 2024 involving a transaction with BDO Life Assurance Company, Inc. Ano po ba ang dahilan bakit ito na report a suspicious transaction?
Report correctionBased on records, Your Honor, the reason indicated is malversation of public funds and property, Your Honor.
Report correctionMaaari niyo po ba ulit basahin ang nakasaad sa narrative?
Report correctionat this point, Your Honor, again. This is why we precisely objected to the use of the slide, Your Honor, because this is already processed, Your Honor, and already involves an interpretation. It creates to the public that the account or the suspicious transaction for Sara Duterte Carpio is involved in the malversation of public funds and property or confidential funds, when in fact it is only a note under
Report correctionOn the bottom portion, Your Honor, which is based only on news articles and the witness does not have any personal knowledge on that, Your Honor. We understand, not yet finished, we understand, Your Honor, that he's merely reading it for the record, Your Honor, but it creates the same effect, Your Honor, as to the viewing public who cannot distinguish, Your Honor. So, it is highly unfair, Your Honor, to present it this way. Similar to the previous slides, the respondent accused, Sara Duterte, is involved in these subject matters.
Report correctionI ask, Atty. Ronel, or Atty. Mae, for that matter, is confidential funds found?
Report correctionYes, Your Honor. That's the reason I'm requesting the witness, Your Honor, to read the narrative.
Report correctionNo, Your Honor. It's not in open. But the word confidential fund, it's mentioned, Your Honor. Confidential funds.
Report correctionThis is merely a synopsis of the reason why it was reported as a suspicious transaction.
Report correctionYes, Your Honor. Both malversation of public funds and property and confidential funds are mentioned in the very same report.
Report correctionAtty. Ronel, who prepared this document, this actual report? It was prepared by MLC?
Report correctionThis one po is just, this is suspicious transaction report submitted by BDO Life Assurance Company.
Report correctionSo yung summary na nakikita niyo, do you see it? Yung nakalagay na malversation of public funds and property, confidential funds. That is part of the narration of the suspicious transaction made by BDO. Is that correct?
Report correctionprevious one that you read that based it on a newspaper article, it was part of the submission of BDO.
Report correctionI can't recall the institution but it was submitted by the covered person.
Report correctioncan you read in its entirety what is written in the reason na sinamarizes malversation of public funds and property open close parenthesis confidential funds for the court to understand? If it is an accurate synopsis of what is actually written to describe why this transaction was classified as suspicious.
Report correctionSo, Your Honor, I'm reading based on the records. So, open bracket 1, close bracket. The client is alleged to have misappropriated confidential funds to her office in the office of the Vice President . COA has reportedly disallowed PHP 73M of confidential funds in 2022 under the OVP .
Report correctionClose bracket. Other accusations hurled against her include involvement in a drugs syndicate along with her father, Rodrigo Duterte. Open parenthesis. Former Philippine President. Close parenthesis. Open parenthesis. Inquirer 202411 1, 3, close parenthesis, Your Honor. That's the narrative with...
Report correctionin your experience, Attorney Ronell, in reporting suspicious transactions, do banks rely on newspaper reports and articles and or similar sources?
Report correctionThey may rely, Your Honor, but usually, whether they will exclusively rely in assessing the account would vary because under our... Reporting guidelines, the threshold is suspicion because it's a suspicious transaction po. But it's based on the appreciation of the reporting entity or reporting person, profile of the client, and yung nakikita po na adverse news po.
Report correctionpo kayo nagsulat nito, report ito na natanggap nyo mula sa covered institution?
Report correctionthen, Your Honor and it's clear Your Honor that the slide is not a verbatim. representation of what was read by Atty. Buenaventura. This is already processed. It doesn't indicate that it's from Rappler, from a news article. It just says malversation of public funds and property confidential funds. And it's under the suspicious transaction reports of Sara Duterte Carpio. So for an untrained-ire owner, if I see this slide, it necessarily associates Sara Duterte to malversation. It's highly improper and unfair, Your Honor.
Report correctionCourt clarified. Where it came from and if it is an accurate enough of a synopsis or summary of what was written to clarify not only to the public but more especially to the senator-judges that it should be as read by the witness and this is only for visual or demonstration purposes and nothing more because what the witness read is actually what is contained in the report coming from the covered institution whether it is actually BDO or some other bank. Would that be correct, Attorney Ronella?
Report correctionThat is correct, Your Honor.
Report correctionSo, the objection is overruled, counsel. Witness...
Report correctionWe'll just register a continuing objection, Your Honor, to the use of these props, Your Honor.
Report correctiontime, rest assured, Attorney Mark, each time, the presiding officer will make sure that the synopsis, summary, or whatever is written in the demonstration or visual will be an accurate representation of
Report correctionSenator-Judge Pia Cayetano is recognized. What is your pleasure, ma'am?
Report correctionMr. Presiding Officer, with all due respect, I disagree with the ruling of the Presiding Officer on this matter. Can we show it again, please?
Report correctionWhile we appreciate the Presiding Officer Asking questions that would clarify what this document means. I can recall a previous document much earlier in the day that there was no clarification. So we're continuing to show these documents that on its surface, tells a very different story. And we're sitting here for five hours, maybe we'll sit for another three hours, another five hours. Even in our minds, and with the permission of my seatmate,
Report correctionyung impression din naming dalawa na, ay ano ba yun? Ah, may kaso pala siyang malversation. And sure, the presiding officer clarified it. It changes the whole thing na, ah, nabasa lang pala ng bangko sa rappler. Ah, nabasa pala niya sa inquirer. We don't even know the context of that. We don't even know, honestly, didn't even know that banks do that. So... This is like reading volume 2 of a comics and I never even saw volume 1 of the comic book, Mr. Presiding Officer. So, I just want to express my concern on the clarity of this document presented when the prosecution is very well capable of eliciting this information from the witness without coming up with This document that does not state what the witness said and tomorrow will bear us out that the news will be full of information like this with some may bother to have the clarification that the presiding officer correctly pointed out but many won't. So, anyway, I'll just go ahead and mention the matter that I don't believe there was a clarification made. And if I missed it, well, I'm only human. I didn't see it. In one of the very first documents presented where the total amount of the transaction was shown, I think it was 3 billion, it was in bold. And then under that, in ordinary font, not in bold, it identified yung deposited and withdrawn. Bakit yun? Hindi naka-bold. Bakit ang nakabold yung total ng in and out and in and out? So sampung piso pasok, labas ng piso, balik ng piso.
Report correctionThat was very misleading. I didn't hear anyone try to clarify that. But that is the confusion that these kind of documents present, Mr. President. I'm just one who's expressing my objection to this ruling, Mr. President, but I do object. to the continuing presentation of these kind of documents that do not show an accurate picture of what the witnesses is testifying to. Thank you.
Report correctionWe note the statements made by the Honorable Senator-Judge Pia Cayetano. What is the pleasure of Senator-Judge Alan Cayetano?
Report correctionJust on that point, Mr. Presiding Officer, I was going to take this up afterwards but if you look at the document, very...
Report correctionthat's why I want to relate it with the section in the law, I think it's section 16, about political persecution. If you look in page 3, drug trafficking and related offenses, Vice President Sara Duterte together with her siblings Sebastian Z. Duterte and Paulo Z. Duterte are being linked to financial transaction in relation to the war on drugs. During the House Quad Com Committee hearing, former Senator Antonio Trillanes confronted Duterte. So this is the cycle. Someone gives a statement, whether in the media or in any other forum, someone like Senator Trillanes, and then a committee It may be the House or the Senate will take it up and then mababasa ito ng bangko when they're supposed to know their clients and then they will put it in their remarks and then they will submit it back to the AMLA and then AMLC now will look at their transactions then go back to another committee in the House and give them this report and if you look at page 5 Nandiyan din yung narrative pati sa malversation of public funds. But look at the end of page 5. We would also appreciate any additional intelligence you could provide on the subject matter conduct identified in this report. Notification of any outcome associated with this report will be very helpful. Kindly quote AMLC reference, etc., etc. The point is, Mr. President, if a report like this went to any
Report correctionProfessional Investigator. Hindi isusulat to kagad eh.
Report correctionTitignan kung eto ay marites, eto ay chismis, or meron kasunod na impormasyon. So I don't mind this information being here if it wasn't just newspaper reports and just statements. Diba? If the bank did something else or the AMLC did something else to show na actionable na or medyo may laman itong impormasyon na to. But just to put that information there, it will just go into circles, Mr. President. So, this trial is to clarify and not to confuse. At the end of the day, we want to either convict the Vice President and everyone believe that she did do the crime or the impeachable offense and that the evidence supported that, or that she is acquitted. And clearly, she did not do the impeachable offense and there's no evidence to support that she did. But if we're going to have this kind of documents na paikot lang, then sasabihin sa supportahan later on. Of course, that's up to the prosecution na supportahan to later on with other. But anong klaseng trabaho to anti-money laundering council?
Report correctionAs the head of the council, nandiyan ang mga matitinding secretary ng atin pong gabinete. And then you will have a report like this na newspapers, and then sasabihin ganon, and then just come up with the numbers that anyone can interpret differently. So, Mr. President, I just want to put on record that this is such a dangerous precedent. Pwede ka lang mag-target na kahit sino. Sabi mo may senador dito. Tumaas yung SALN. O e kaya lang nasa construction siya. O kaya nasa law enforcement siya. O kaya nasa Customs siya dati. O kaya nasa ganito siya dati. Baka ganito nangyari. Then suddenly you're going to look at all his transactions. And then suddenly, ayan na, nasa news na, nasa kaso na. And that's precisely why the lawmakers put that provision against political persecution.
Report correctionSo, I expect evidence differently from the prosecution. I don't take it against the prosecution to submit this because it's your job to present everything. I take it against the AMLC. Magsasubmit kayo ng report ganito na narinig lang natin lahat, nabasa lahat sa diaryo, sa committee, din isasubmit din sa kabilang committee. Mr. President, medyo mabigat po talaga. This is an impeachment court. We're talking about the future of our country here. We're talking about trust of people to our leaders. I mean, I really, maybe in the budget hearing, do nating himayan, but I cannot see how the AMLC can come out with, they should have just given a report saying that ang alam lang ng bangko kung ano alam natin lahat na nasa dyaryo. Pero to put your, to put AMLC there and then to put a signature,
Report correctionYour Honor, personally, I do not disagree with you on that point. This was an eye-opener too for this representation. But as you said, this is a proper subject matter for the exercise of the Senate's oversight function as to how the law is being implemented or interpreted by covert institutions. To be fair to the MLC, they simply received this report from a covert institution. As earlier asked by the Chair, this did not come from them. They are merely mirroring the report submitted to them by a covered institution. And that covered institutions at times do submit it based on available information. whether from news or media reports or other information. Dahil sabi nga niya, suspicious dapat from the point of view of the covert institution. Again, I will join the good gentleman at the proper time in the exercise of the Senate's oversight function, perhaps, to make sure that this is not abused or in any way used outside of the intent of Congress. Senator-Judge Pangalina is recognized.
Report correctionYes, thank you, Mr. Presiding Officer. And just to add to the point raised by the Presiding Officer, precisely, it was the banks that submitted that suspicious transaction report.
Report correctionwould give the banks the benefit of the doubt. I don't know. How much exactly are the amounts involved in such bank accounts? For all we know, well, we don't know, but the banks know. And therefore, they know, based on the amounts that are in the accounts, whether it does appear suspicious or not. So I will give the banks the benefit of the doubt. These are our banks, our financial institutions are responsible.
Report correctionI will give them the benefit of the doubt, Mr. President.
Report correctionGiving them the benefit of the doubt, however, Senator-Judge Panglian does not take away even my curiosity, for example, if this is indeed how they base what is suspicious and what is not. And how often do they do this? And if these are already at the level of, from the point of view of the DOJ and the Ombudsman, actionable already. At that level, at their level, perhaps not yet. As stated by Attorney Ronel earlier. Yes, the comments and manifestation of Senator-Judge Panglinan are well taken and duly noted.
Report correctionTuro ng nanay at tatay ko, pag nakarinig ako ng chismis at tinanong ako, huwag kong ikakalat yung chismis. Kasi pagka ang chismis ay kinalat ko, credibility ko kasama rin. So for example, ngayon, senador ako. So kung Bubulungan ako ni Brother Robin habang nag-ano tayo ngayon. Huy, yung isang congressman o yung isang governor, yung isang senador, ganito. Alam mo, ganito yung kanyang kinikita. Tapos, siningan ako ng report ng Senate President ng impeachment court. Isulat ko yun with my name. I'm endorsing it. So, my point is the MLC has the power to take a look at the reports of the bank. And dito mismo, sa page 6, Triggered in connection with the House Quad Com Committee hearing on former President Roderick War on Drugs as well by news report alleging the involvement of VP Sara in 6.4 billion Shabu importation 2017. Yung 2017 lumabas na yun pero hindi pa rin sila flinag nung mga bangko. Pero this time around, flinag nung mga bangko nung vice president na siya. So I see the point of Senator Pangilinan. And I agree with him that if the bank in their independent assessment sees the flag or the suspicious transactions, flagged it,
Report correctionhindi baliktad to eh. They were just following the ordinary AMLA na pagka mahigit 500,000, etc. Nila-label nila ng tama. Nilagyan lang nila ng narrative after nila mabasa sa dyaryo. There's nothing in this report that shows the bank went beyond the newspaper reports. And we all know, I can say a lot of things here now, lalabas yan sa ano, sa dyaryo bukas. O tapos lahat tayo may ganito ng report sa anong mangyayari po sa atin. So I agree with the presiding officer, let's take this up during our legislative duties. But again, In the end, fairness ang kailangan natin dito sa impeachment court. We made certain mistakes during the corona trial. If we just do it again, then we didn't learn from our mistake. Thank you, Mr. President.
Report correctionThank you, Senator-Judge Allen. Senator-Judge Riza, on this point?
Report correctionJust a brief point at salamat po, Mr. Presiding Officer. Ngayong maghapon, pinakikinggan ko lang ng kalma, kalmado. lahat ng mga ito. And I will do the same pag natapos na ang prosecution at ang defense naman magpipresenta ng kanilang mga witnesses at sa kaibidensya. At kaya po ako kalmado, Mr. President. Just to paraphrase, turo din naman po ng nanay at tatay ko presuming regularity on the part of government agencies lalo na pag tinawag po ng prosecution or later ng defense para Mag-testigo sa Korte. Hindi ko muna ipe-presume na ang anumang bagay o anuman ay tsismis hanggang marinig ko po lahat. I think, Mr. Presiding Officer, sa bahaging ito ng trial, bago natin matimbang ng kompleto at mapaniwalaan o hindi ang sinasabi ng AMLAC, I think at this point iniintay din po natin yung marinig natin mula sa mga bangko, BIR at kung sino pa man. Bago natin masabi kung alin ang chismis lamang, alin ang totoo o hindi. And I am patiently waiting for that, Mr. President. So just to put that on record, out of fairness sa isa sa mga resource persons or resource institutions natin, Mr. President, Mr. Presiding Officer. Salamat po, Mr.
Report correctionAtty. Mark, you were raising your hand earlier.
Report correctionjust in light of the interjections already made. Again, it is not our objective to muzzle the witness and I understand if he can testify on this particular portion of the document, Your Honor, but we just wanted to clarify our objection that it is really the use of this certain visuals, Your Honor, that we are objecting to, Your Honor.
Report correctionreferring to the autoptic preference of the document?
Report correctionYes, Your Honor, because again, these are already processed and it aims to mislead. Not that it aims, but it could mislead, Your Honor.
Report correctionfar as the Presiding Officer can and will, we will ensure accurate or faithful coverage of what was written
Report correctionin the original document as contained therein.
Report correctionthe objection is overruled and the witness may answer or you may continue to propound questions.
Report correctionYes, Your Honor. We will now be moving to the next points, Your Honor. So punta naman po tayo sa total combined amount. Balik po tayo sa table 1 of the summary. na inyo pong in-identify kanina. Exhibit P-Roman numeral number 2-7-33. Diyan po sa summary niyan, may lumalabas po na terminong total combined sa ikaapat na row. Ano po ang tinutukoy dito?
Report correctionYour Honor, yung total combined po is the aggregate amount of reported transactions of CTRs and STRs of both Vice-President, Sara Zito-Turten, Atty. Manassas Carpe, Your Honor. So that is the total combined po.
Report correctionPwede po tayong pumunta sa fourth row naman. Magkano po ang total combined na nakasaad sa dokumentong? Yan,
Report correctionYun po bang sa aggregate inflow and outflow po?
Report correctionApo, base po sa Table 1 at sa mga CTR at STR na isinumiti. Sa kagalang-galang nahukuman ito, magkano ang kabuong halaga ng CTR at STR kay Vice President Sara Duterte at kay Attorney Mance Manassas Carpio?
Report correctionYung total combined po as indicated here is 4,400,089
Report correction,940.70 pesos, Your Honor.
Report correctionAtty. Benaventura, nung tumistigo po kayo sa House Committee on Justice, may kabuohang halagang isinumiti ang AMLC. Ano po bang nabago kung mayroon man sa pagitan ng isinumiti ngayon at ang mga dokumentong isinumiti ninyo sa kagalang-galang nakukumang ito?
Report correctionYour Honor, hindi ko po maalala exact figure po pero nasa around 6.7 billion po yung sinabit po namin nun, Your Honor. Let me clarify lang po kasi yung sinabit po namin nun,
Report correctionIba po yung scope po nung naging coverage po noon. Yung subpoena po at that time was from 2006 to 2025 po at saka banks lang po yung involved po doon. Yung subpoena po na nareceive po namin from this honorable court from 2007 to 2025 at lahat po ng covered persons. So hindi lang po bangko. Then i-note ko lang po that there was a request for correction po ng isang covered person regarding 13 regarding 13 CTRs filed in relation po dun. So nagkaroon po kami ng validation nun. Kaya nung nagsabit po kami nung July 30 to this honorable court po na-correct na po namin yun. So ngayon po na pinagawaan po kami ng summary of itong tabular summary po, iba na po yung figures for the three reasons po na nabangin ko po. Iba po yung scope, iba po yung year, iba po yung reporting entity at saka yung nagkaroon po ng correction po, Your Honor.
Report correctionOkay. Dahil po dun sa tatlong rason na binanggit niyo po, ano na po ang naging total na halaga?
Report correctionSo yung total na halaga na po, total combined na po as indicated po here, Your Honor, it's 4,400,089,940.70, Your Honor.
Report correctionAt para sa kaalaman ng lahat, and for clarification also, ano po ang sakop ng 4.4 bilyong halaga?
Report correctionThis is all CTRs and STRs involving Vice President Zarad Z. Tuterte and Attorney Manassas R. Carpio, 2007 to 2025, Your Honor.
Report correctionDiyan din po sa summary na inyong hawak, meron din pong term na lumalabas, inflows. Ano po ba ang ibig sabihin ng salitang ito?
Report correctionYung inflows po, actually Kinuha po namin ito based dun sa letter po ng prosecution. So ang naging pag-intindi po namin dito is anything po na pumasok po sa account nito pong individuals po na naka-indicate po dito po.
Report correctionGinagamit din rin sa summary na yan ang termine ng outflows. Ano naman po ang ibig sabihin ng outflows?
Report correctionSo ganoon din po kinuha po namin yung term kasi yung po inando sa letter ng prosecution po. So anything naman po na lumabas po sa account po ng individuals po na nakalagay dito.
Report correctionBase po sa summary na inyong pinipair at sa mga CTR at STR na isinumite sa korteng ito. Magkano po ang kabuhang inflows para kay Vice President Sara Duterte at kay Atty. Manasseh Scorpio para sa taong 2007 hanggang 2025?
Report correctionReading lang po from the tabular summary provided, it is 1,630,351,607.68 Pesos po, Your Honor.
Report correctionMagkano naman po ang kabuhang outflows para sa parehong panahon?
Report correctionReading lang po on our tabular summary, Your Honor, it is 1,308,123,526.68, Your Honor.
Report correctionOkay. Attorney Benaventura, sa inyong summary, meron din pong item na nakalagay undetermined inflow and outflow. Ano po ba ang tinutukoy ng item na ito?
Report correctionSo, Your Honor, naglagay po kami ng footnote dito to explain po kasi this means po Fund transactions that could not be reliably classified as inflows or outflows due to insufficient, incomplete or ambiguous sender and or beneficiary information.
Report correctionKaya po may incomplete, insufficient or ambiguous po kasi may mga report po sa amin before. 2014 yung lumang system po namin. Ngayon po nag-i-improve pa po yung system na wala pong nakalagay o hindi po namin ma-determine kung inflow po siya or outflow. Ang nakalagay lang po doon is nagkaroon po ng transaction. So yun po yung mga lumang system namin. Maaaring din po, kasama rin po dito yung hindi po namin ma-determine based doon sa report.
Report correctionMagkano ang kabuhang undetermined inflow at outflow para kay Vice President Sara Duterte at kay Atty. Manassas Carpio para sa 2007 hanggang 2025?
Report correctionSo, I'm just reading lang po on the tabular summary po. It's 1,461,614,806.24 pesos, Your Honor.
Report correctionNabanggit niyo rin po kanina na 1.6 billion ang total inflows. Kung ganun po, how much ang total transaction na identified na papasok?
Report correctionYung inflows po na naka-indicate po dito, Your Honor, it's 1,630,351,607.68 pesos, Your Honor.
Report correctionNabanggit niyo rin po kanina na 1.3 billion ang total outflows. Kung ganun po, how much po ang total transaction na nilaba? I mean, na nilabas or palabas?
Report correctionSo, ito po yun, Your Honor. Yung 1,308,123,528.68 pesos your honor.
Report correctionPunta naman po tayo sa table 6 of your summary on insurance and investments.
Report correctionAtty. Benaventura, pinapakita po sa inyo ang CTR with transaction reference number ending in 8371, Exhibit P-Roman numeral number 2-7-12, page 4C, line 6, with transaction code NP-LIT. Ano po itong transaction na ito?
Report correctionSorry po, anong page po? 4C po.
Report correctionYung ending po niya is 8371 po.
Report correctionThis transaction po is reported by FW Life Insurance Corporation with transaction date of May 25, 2024 po. The transaction code po is NPLIT your honor. So let me check.
Report correctionPurchase of life with investment insurance policy payment channels, Your Honor.
Report correctionSo that's the transaction po, Your Honor.
Report correctionpolicy is owned po by Manassas Reyes Carpio.
Report correctionAt sino naman po ang mga beneficiaries nitong policy na ito?
Report correctionMay beneficiary name po dito. Ang nakalagay po ay Marco Carpio, Mateo Lucas Carpio, Micaela. Maria Carpio, Sara Carpio po.
Report correctionAt magkano naman po ang annual premium para sa policy na yan?
Report correctionpo rito, medyo maliit po kasi yung ano niya, is 10,600,000 po.
Report correctionPHP annual po ba? Tama po.
Report correctionPHP annual na sa column po, yun po yung nakalagay, Your Honor.
Report correctionAno po kung mayroon man ang pinapakita ng mga record tungkol sa pagbabayad ng premium na iyon?
Report correctionHindi ko po masagot, Your Honor. Ito lang po. I can only answer what's provided here in the records, Your Honor.
Report correctionBased on the CTR with transaction reference number...
Report correctionEnding 5277, Exhibit P-RN No. 2-7-11, and P-RN No. 2-7-37, Line 18. Ano po yung policy amount?
Report correctionWala pa po yung papel sa akin. May request po.
Report correctionAssisting counsel from both sides may approach.
Report correctionSo, page 2C po of Exhibit 11711, EMAG po. Tama po ba?
Report correctionYung dulo po ng TXN ref number ay 1672. Tama po ba?
Report correctionito po ay reported po ng Bank of the Phil Islands.
Report correctionNumber line 18 po. Tama po ba?
Report correction17. So yung TXN ref number po ay 3985. Tama po ba?
Report correctionPeso amount na nakalagay po. This is reported po by Insti name Metropolitan Bank. Sorry,
Report correction5277. So this is reported po by BPII, Life Assurance Corporation.
Report correctionYung peso amount na nakalagay po rito, Your Honor, ito po yung nakahash po. So, I'm getting yung copy po kanina na may submitted po.
Report correctionI-recall ko lang po, yung 7-3-3-5 po ba yung dulo? Ano po ulit yung dulo?
Report correctionSorry po po, pwede po ulit? 5-2-7-7 po yung dulo?
Report correctionKung ito po yung iba po yung nandito sa records ko po. 1770 po ito.
Report correctionI-clarify ko na lang po. Yung TXN ref number is 201404041 CTR 5277. Tama po ba?
Report correctionIto po reported by BPI ILF Assurance Corporation. So, yung tanong po kanina ay ito po yung nakahash. So, yung tanong niyo po is magkano po yung peso amount?
Report correctionAng nakalagay po, based on records po, Your Honor, is 20 million pesos.
Report correctionyou. Punta naman po tayo dun sa confidential information sharing. Atty. Benaventura, isa po sa mga dokumentong sinubmit ninyo dito sa courting ito ang confidential information sharing tungkol kay Vice President Duterte at kay Atty. Carpio, which is AMLC reference number IFI 26-RQT. 26-730475, Exhibit P-Roman Numeral No. 2-7-15-C. Sa paragraph 9, pahina 4, sa ilalim ng subheading, Sender of Funds to VP Sara. Is
Report correctionnari pa anong page po, Your Honor?
Report correctionPage 4, paragraph 9. Sa ilalim ng subheading na Sender of Funds to VP Sara.
Report correctionpong mga transaksyon po kung mayroon man ang nakalista dito?
Report correctionSo, number 9 po. Number 9, tama po ba?
Report correctionParagraph 9 po. So, Your Honor, I would just like to read on the records po. Moreover, VP Sara was also identified as the beneficiary of the check purchases made by the following individuals. So, may table po dito.
Report correctionRow 1 is purchaser of check. Row 2 is number of transactions. Then date and then amount po. So yung first line po is purchaser of cheque, Duterte Rodrigo R., number of trans, 1, date, June 20, 2006, amount, 2,500,000 pesos. Second, yung last column po, purchaser of cheque, Samantha Jayne Yenco Uy, Samuel Cang Uy, Yaneile Yenco Uy, number of trans, 2, date, 25 October 2011 and 24 April 2012. Amount 14,881,692.14, Your Honor. That's what's stated here in the record, Your Honor.
Report correctionKailan naman po binili ang mga ito? Base dyan sa dokumentong inyong hawak.
Report correctionThere's a date indicated here, Your Honor. The first one, the date indicated is June 20, 2006. The second one is October 25, 2011, and 24 April, April 2020, Your Honor. That's the date indicated here, Your Honor, based on records.
Report correctionOkay, speaking of Samuel Kang Uy, let me invite your attention to the AMLC Financial Intelligence Report on the Respondent, which is exhibit Roman numeral number 2-7-15-B-AMLC. Please refer to pages 3 and 4 of the Financial Intelligence Report. What categories of associated predicated crimes are identified in that portion of the report?
Report correctionRejection, Your Honor. Number one, irrelevance. Number two, Your Honor, Attorney May is already proceeding with a new document. I just want to register that the document that has flashed on the screen is not the accurate document as being confronted with the witness.
Report correctionAtty. May, is that the same document as what is flashed
Report correctionI'm now moving to the financial intelligence report, Your Honor.
Report correctionIs that the same document being in front of the witness right now?
Report correctionThe one at my right side, Your Honor. It is the correct document.
Report correctionone at the right side is page 4 of the document.
Report correctionYes, the question is simple. Is that, Attorney Ranel, is that the same document before you?
Report correctionB. That's EMLC, Your Honor.
Report correctionBut you have the correct exhibit number. Yes, Atty. Mark?
Report correctionJust an additional manifestation, Your Honor, that there's a watermark on that page which says confidential, among other things, Your Honor. Confidential Philippine
Report correctionYour Honor, indicated here confidential for Philippine Senate use only. Okay.
Report correctionunderstand that, Your Honor. But again, considering that it's being flashed on the screen, Your Honor, then it's not for the Senate use only. It's for every Filipino who can access this, even the policeman on the street. Thank you, Your Honor.
Report correctionBalikan po natin. Pakitingnan po ang pages 3 and 4 ng nasabing report. Ano po ang mga kategorya ng associated predicate crime ang tinutukoy sa bahaging iyan ng report?
Report correctionSo, this one po is paragraph number 5 po sa page 3 po. Ang nakalagay lang po, nakalagay na may column po, associated predicate crime tapos may narrative po sa table. Sa left po, associated predicate crime, I'm just reading lang po, drug trafficking and related offenses. That's for page 3 po. and then pati po by page 4. Yung page 4 po ay nakalagay po sa associated predicate crime sa pangalawang entry po is graph and core practices, Your Honor.
Report correctionPunta po tayo dyan sa ilalim po ng under which category po or sa ilalim po ng aling kategoriya lumalabas o nabanggit ang pangalang Sami Uy.
Report correctionYour Honor, I'll have to read po ito entire to find it po. Hindi ko po maahanap on the...
Report correctionKaugnay ng... Let me just invite your attention to the narrative kaugnay ng drug trafficking and related offenses. Maaari niyo po bang basahin?
Report correctionYeah, but that portion, Your Honor, of the document pertains to the test narrative. Does it pertain to the news report, Your Honor?
Report correctionawait for the witness's response, Counsel. And if at all, depending on what he says, that will be the proper subject matter of your cross later.
Report correctionYour Honor, I'm just reading on page 3 on the narrative. So this indicates Vice President Sara Duterte together with her sibling Sebastian Z. Duterte and Paolo Z. Duterte are being linked to the financial transactions in relation with the war on drugs. During the House Quad Committee hearing, former Senator Antonio Trillanes IV confronted FPR Duterte about alleged suspicious billion worth of transfers into a joint account shared with his daughter VP Sara Duterte. Period. Trillanes IV presented evidence suggesting that a total of PHP 2.4 billion was deposited into his account between 2011 and 2015. The claim was based on documents handed to his office by a certain Joseph de Mesa during the 2016 election campaign. The massive deposits are compounded by the allegations that the funds could be linked to illicit activities, particularly drug trafficking. Referencing the testimony of former Davao City Police Officer Arturo Lascañas, corroborated by Jimmy Guban and Colonel Eduardo Acierto Trillanes IV insisted that FPR Duterte was involved in protecting and collaborating with drug lords namely Michael Yang, Charlie Tan, and Sami Uy.
Report correctionyou, Atty. Buenaventura. Balik po tayo sa confidential information sharing. Dito po sa confidential information sharing na ito, it also refers to derogatory records on Vice President Duterte and Atty. Carpio. Ano po ba itong mga derogatory records na ito?
Report correctionYour Honor, may I request po for the copy of the I'm unable to...
Report correctionKindly give Attorney Ranel a copy for his reference.
Report correctionkung anong page po yun? Yung binabangin niyo po, Your Honor.
Report correctionSo, paragraph 14 po, Your Honor. I will just read on the records lang po, Your Honor. So number 4, derogatory records number 14, VP Sara was the subject of suspicion in 27 confidential reports submitted by covered persons on 2 August 2024 to 29 January 2026, citing suspected activities involving drug trafficking and related offenses, craft and corrupt practices, and malversation of public funds and property, Your Honor. Then, there's a subheading, sort of subheading, drug trafficking and related offenses triggered in connection with the House Quad Committee hearing on former President Rodrigo Duterte's war on drugs, as well as by news reports alleging the involvement of VP Sara’s husband in the PHP 6.4 billion shabu importation in 2017. There's also another...
Report correctionOkay na po. Thank you, attorney Benaventura. Okay. Pero generally po, ano po ba ang ibig sabihin ng derogatory record sa mga confidential information sharing reports?
Report correctionApologies, Your Honor. I'm able to answer that. I can only base on what is stated in the records. It doesn't mention any description or definition of the derogatory record so I will not be able to answer that, Your Honor.
Report correctionOkay. Sige po. Ngayon po, Atty. Benaventura, ilan po sa mga report na ito ang tungkol sa vicepresidente?
Report correctionYour Honor, based on the portion that I read, it only read, as earlier read, VP Sara was the subject of suspicion in 27 confidential reports, Your Honor.
Report correctionThat's what's provided here, Your Honor.
Report correctionCan you kindly take a look at paragraph 14 of that confidential sharing report?
Report correctionYes, sir. Yes, po. Yes, your honor. I'm looking po.
Report correctionSo, it states here po, 14. VP Sara was the subject of suspicion in 27 Confidential Reports submitted by covered persons on 2 August 2024 to 29 January 2026. Citing suspected activities involving drug trafficking and related offenses, gruff and corrupt practices, and malversation of public funds and property, Your Honor.
Report correctionIlan naman po ang tungkol kay Atty. Carpio? Kindly direct your attention to paragraph 36 of the same Confidential. Information sharing report which is found on page 15 of the report.
Report correctionMay I just read na lang po, Your Honor, as indicated, as what is provided in the records, Your Honor?
Report correctionSo number 36 po, derogatory records number 36. Atty. Carpio was the subject of suspicion in 17 confidential reports. Submitted by covered persons on 14 September 2017 to 25 April 2025. Citing suspected activities involving drug trafficking and related offenses and malversation of public funds and property, Your Honor.
Report correctionBalik po tayo dun sa summary na inyong pre-repair.
Report correctionLet's go to table 4 of that summary. Base po sa inyong summary, magkano po ang kabuhang halaga naman ng inflows at outflows? Noong 15 na korporasyong ipinasabina ng kagalang-galang na hukuman ito para sa 2022 hanggang 2025.
Report correctionAnd there was no basis or foundation that could link the inflows and outflows of these corporations to the Vice President.
Report correctionThis was part of the subpoena documents, counsel, with the understanding that based on the admissions and or testimonies of the witness with respect to the respective corporate holdings of the Vice President in these corporations, noting that the Court excluded The corporations where the Vice President does not have any shareholdings. So this would be limited. This information would apply to the inflows and outflows of the corporation of which the Vice President is a shareholder of. Not to mean that this is the entire shareholdings of the Vice President, but only of the companies which have a separate juridical personality. Would that be correct, Attorney May?
Report correctionSubject to that qualification, the court will allow it.
Report correctionSo balik po tayo. Magkano po yung total inflows and outflows para sa 15 korporasyon for the period 2022 to 2025?
Report correctionYung aggregate po ba o yung separate po na inflow and outflow?
Report correctionletter C po na aggregate ang nakalagay po. Based dito sa tabular summary po namin is 4,553,052,237 pesos and 1 centavo, Your Honor.
Report correctionAt para naman po sa period 2007 to 2025, magkano po ang inflows and outflows ng flag transactions
Report correctionFrom 2007 to 2025, your honor?
Report correctionSo wala po siya, your honor, sa table 4. Nasa table 2 po siya. As indicated po dito, yung sa aggregate amount of repartee transactions, yung total po ay 5,361,878,000.
Report correctionMalapit na po tayo. Punta naman po tayo sa Cale88 Foods Corporation.
Report correctionBefore you go there, counsel, just to clarify, Attorney Ranel, the amounts you've been mentioning, total of 4.4 billion for the Vice President and her spouse, total of 5 billion for the 15 corporations, these are inflows, outflows, and undetermined inflow or outflow. Only for covered and suspicious transactions, correct?
Report correctionSo, yung hindi covered at hindi suspicious, meaning hindi pasok sa 500, 5 million o 7.5 million, hindi kasama dito?
Report correctionTama po yun. Hindi po yun na-report sa amin.
Report correctionsuspicious based on whatever report, media or subjective suspicion of the bank officer or covered institution, hindi rin po kasama yun?
Report correctionwill not be a mirror image if at all sa documents na pinapresent ng SEC on the audited financial statement of the corporations and or the bank deposits that the banks will report to us in the next couple of days because this covers only suspicious and covered transactions.
Report correctionof the transactions entered entered into through those accounts are suspicious and covered, hindi po siya malamang magtatali. Would that be a safe assumption?
Report correctionI'm unable to answer that, Your Honor. I can only refer to what is
Report correctionThe chair will accept that answer of the witness. Witness may proceed. Rather, counsel may proceed.
Report correctionSorry, may nakalimutan lang. Let's just backtrack. So, Atty. Benaventura, magkano po yung aggregate amount? flag transactions for the spouses Duterte-Carpio and para dun sa 15 corporations kung saan may interest.
Report correctionFor the corporations. And our objection, Your Honor, is precisely, and we were getting there, if she would ask about certain figures that only pertain to the corporations, then we would have to object on the basis of relevance, Your Honor, considering that the presiding officer also mentioned a while ago that these have separate and distinct juridical personalities, and we do not see the relevance. of how this 5.3 billion total relates to the Vice President.
Report correctionI see the point of Atty. Mark, Atty. Mae. I believe you see that too. It would be unfair to add them up given that the shareholding of the Vice President in these various corporations also differ. Unless you can give us the percentage of each and we can do the computation ourselves.
Report correctionto Cale88 Foods Corporation. Pakitinan po, Atty. Beneventura, yung CTR na may transaction reference number ending in 0995 sa mga CTR ng Cale88. Exhibit P-11-7, sorry, P-R2-7-23, page 8a hanggang 8b.
Report correctionThird to the last line. Ano po ang transaction na ito?
Report correctionMay I confirm po that the ending TXN ref number is 0995?
Report correctionSo, Your Honor, this is a report submitted by Security
Report correctionBank Corp. D. Vau Rizal. The transaction date po is December 12, sorry, December 16, 2024.
Report correctionThere is a transaction code R.I.R.I.C.
Report correctionLet me check lang po yung R.I.R.C. R
Report correction.I.R.C. po is Inward Remittance International Credit to Beneficiaries Account, Your Honor.
Report correctionis an amount indicated, Your Honor.
Report correctionamount indicated, Your Honor, is for 1,397,353.29, Your Honor. Your Honor, just also mention in a foreign currency, I'll be abiding po yung order kanina. If I may po, I'll just read lang po kanina sa records, Your Honor. So, it's indicated here is 75,207 USD, Your Honor.
Report correctionAttorney Benaventura, saan po galing yung naman na banggit ninyo na inward remittance at papunta naman saan po galing muna yung inward remittance?
Report correctionThere's no mention specifically kung saan po galing but in our records lang po the closest I think would be the counterparty name. The counterparty name indicated here is Yiwu Yunong Import and Export. and open close parenthesis C.
Report correctionAnd the address indicated po here, counterparty address is LTD RM8621 NO599 Huignag Road, Chengxi, China po. Yung naka-indicate sa record po yun.
Report correctionPunta naman po tayo sa CTR with transaction reference number ending 1368.
Report correctionIn the CTRs again of Cale88, Exhibit A, Roman numeral number 2-7-23,
Report correction12A and 12B, 14th line. Ano naman po ang transaction na ito?
Report correctionBefore the witness answers, before you answer, Atty. Ronel, Atty. Mark?
Report correctionYour Honor, again, we would have to object based on relevance, Your Honor. These are already covered transactions by a different entity, which is Cale88. And we understand that there may have been links, but as to particular transactions, Your Honor, we don't see the relevance of these transactions to the Vice President. We don't know the extent of the financial interest or business interest of the Vice President with Cale88. So it is highly, sorry to say, but it's highly improper to link these to the subject matter, Tandro.
Report correctionHow many more examples, Atty. May, on Callie? What corporation are we talking about?
Report correctionare several more, Your Honor, but I only have maybe 20 questions left, Your Honor.
Report correctionguess on this topic, you're citing some examples, correct?
Report correctionIn that light, Your Honor, considering that there are 20 more questions, can we ask for another bathroom break, Your Honor?
Report correctionYour Honor, just to finish the proceedings, Your Honor.
Report correctionof course, the court will allow it. The court will not prevent Attorney Mark from answering the call of nature. Yes, Court declares a brief recess of 5 minutes. We shall resume at 4.35. If that's okay, Attorney
Report correctionYes, Atty. Ronel. Thank you. Atty. Ronel, are you okay?
Report correctionYour Honor, can I just have one minute, Your Honor?
Report correctionNauunawaan niyo, Atty. Ronel, na patuloy pa rin kayong magdetestigo dahil nag-recess po tayo ng bahagya.
Report correctionApo, now naman po, Your Honor.
Report correctionWe can do this every two hours too, Attorney Mark, if you want.
Report correctionOr, sooner than that, if you need to, it's okay. So that we can... I think this is the longest witness we've had and the longest hearing we've had too. So, let's try to finish up with the witness. Kawawa naman si Atty. Ronel kung papabalikin pa natin siya ng ganito katagal ulit. Nang hindi pa kumakain, ha?
Report correctionPunta naman po tayo sa CTR with transaction reference number ending 1368, Exhibit P-Roman numeral number 2-7-23, pages 12A and 12B, 14th line. Ano naman po ang transaction na ito?
Report correctionIto po yung ending na 1368, tama po ba?
Report correctionFinile po ng Security Bank Corp. Divao Rizal Ang transaction code po niya ay RIRC Sa
Report correctiontransaction code po namin ng RIRC ay Inward
Report correctionRemittance International Credit to Beneficiary's Account So ang
Report correctionamount po in peso na naka-indicate sa record ay 4,370,572.50, Your Honor.
Report correctionKailan po yung transaction date ng Inward Committance?
Report correctionNovember 4, 2024 po, Your Honor.
Report correctionEnding S001. Exhibit P-RN No. 7-23. Pages 12A and 12B, 16th line. Ano po yung transaction na ito?
Report correctionSo, ito po ay transaction reported by Bank of the Phil Islands. Ang code po niya ay RIRIC. So, katulad po kanina, ang ibig sabihin po noon ay Inward
Report correctionRemittance International Credit to Beneficiaries Account. Ang date po ay October 31, 2024. Yung peso amount po as indicated based on the records po is 5,655,530.52 pesos your honor.
Report correctionSo ang counterparty name po as indicated po based on the record is Jinhua Dongshi Trading Co. Ltd.
Report correctionPunta po tayo sa CTR with transaction reference number
Report correctionS001 of Exhibit P, Roman numeral number 2, 7-23, pages 17a and 17b, 13th line. Ano naman po ang transaction na iyan?
Report correctionYung may ending po na 0010.
Report correctionIto po ay nireport ng Bank of the Phil Islands, Davao Corp.
Report correctionAng transaction date po ay
Report correctionSeptember 4, 2024. Ang peso amount po ay 1,358,640. Ang transaction code po ay CBPRK. So check ko lang po yung CB.
Report correctionCBPRK po means Bills purchase discounting credit memo. So this meaning po ng checks or drafts and other negotiable instruments which have been discounted with or purchased by the bank under bills purchase or bills discounting arrangement which are credited to the customer's account, Your Honor.
Report correctionPunta po tayo sa STRs on Cale88 Exhibit P-2-7-18. 24, page 2B.
Report correctionObjection, Your Honor. At this point, Your Honor, we've been giving leeway to the good counsel, but she's been displaying several figures, Your Honor, without establishing any link of these transactions by Cale88 or at least specific links to these transactions with the Vice President, Your Honor. So, we object on the basis of relevance, Your Honor.
Report correctionThe chair has ruled previously in relation to relevance, but this pertains already to suspicious transactions, I believe. Attorney May, the first few figures you gave were covered transactions, correct?
Report correctionSorry, Your Honor, I withdraw that question, Your Honor. I just have to go back, Your Honor. I missed out on one more transaction, Your Honor.
Report correctionyou're backtracking on another covert transaction?
Report correctionAnyway, the court has ruled just to know where we're headed.
Report correctionAnd I counted your questions. So, we are in the 12 to 14 question range, right?
Report correctionAttorney Benaventura, pakitingnan po ulit ang transaction reference number ending S002. In the CTRs on Cale88, Exhibit P-RN No. 2-7-23, Pages 23a to 23b. First line. Ano po ba itong transactional?
Report correctionthis is a report reported by Bank of the Phil Islands, Davao Corp. Meron pong transaction code RIRC. So ito po yung panina din.
Report correctionRemittance International Credit to Beneficiaries Account. So ang transaction date po ay April 30, 2022. The amount in peso na naka-indicate po based on record is 5,662,519.97. Pesos, Your Honor.
Report correctionSino naman po ang counterparty sa transaksyon na iyan?
Report correctionAs indicated on the records po, China National Township, Your Honor.
Report correctionPunta naman po tayo sa transaction with transaction reference number ending S001, Exhibit P-Roman numeral number 2-7-23, pages 22a to 22b, last line. Ano naman po itong transaksyon na ito?
Report correctionIto po ay reported by the Bank of the Philippine Islands. Ang transaction code po ay RIRC din. So ibig sabihin po ito ay Inward Remittance International Credit to Beneficiaries Account. Ang date po ay April 30, 2024. Yung nakalagi po na in peso amount is 5,662,935.23 po, Your Honor.
Report correctionBefore I forget, Your Honor, may I request for the marking of the resubmitted report that was earlier identified by the witness as Exhibit P-Roman numeral 2-7-34-AMLC.
Report correctionNoted, but the marking will be done at a later time.
Report correctionAnd Your Honor, we would also like to manifest that there are several other transactions coming from China involving Cale88, but to abbreviate the proceedings, I will be dispensing with the questions relating to those transactions.
Report correctionIt is in the summary anyway, Attorney May, correct?
Report correctionYes, Your Honor. So I will be proceeding to the STRs.
Report correctionAttorney Benaventura, punta po tayo sa Exhibit P-Roman numeral number 2-7-24, page 2B. Bakit po ni-report ang transactions dito as suspicious transactions?
Report correctionAno pong line number po siya, Your Honor?
Report correctionPage 2B. So... As indicated po dito, yung tatlo po, one, two, and three. Yung una po ang nakalagay na reason for the report is there is no underlying legal or trade obligation, purpose, or economic justification. Yung pangalawa po ang nakalagay ay there is no underlying legal or trade obligation, purpose, or economic justification. Yung pangatlo po ang nakalagay ay There is no underlying legal or trade obligation, purpose, or economic justification, Your Honor.
Report correctionPunta naman po tayo sa Table 5 ng inyong summary.
Report correctionBase po sa inyong summary, Table 5, at sa mga CTRs at STRs ng Kale88, magkano po ang kabuahang halaga ng mga remittance mula sa China na natanggap ng Kale88?
Report correctionKabuahang halaga po, Your Honor. Yung aggregate amount po na nakalagay sa letter C, aggregate PHP na may subtotal A. Ang naka-indicate po sa aming tabular summary po ay 319,326,770.41 po, Your Honor. Based on the records, our tabular summary record, Your Honor.
Report correctionbase din po sa summary na yan, ano po yung nature ng transaction?
Report correctionYung title po ng Table 5, Your Honor, is the CTRS as it pertains to inward remittances to Cali88, Cali88 Foods Corporation from A, China, B, other countries. Item 5, Your Honor. This is based on the letter of the prosecution, Your Honor.
Report correctionAt base din po dyan sa summary na yan, ano po kung mayroon man ang outflow remittance na makikita? or outflow transaction involving Cale88?
Report correctionWala po kaming nilagay na figures your honor kasi hindi po doon sa letter po ang nakalagay lang na request ay inward remittance po so hindi na po namin sinuma po or nilagay po dito for the record yung outflows po.
Report correctionNung simula ng proceedings, paulit-ulit niyo pong namensyon yung salitang money laundering. Ngayon po, based on your observations and the documents that you testified on, what basis, if any, does the AMLC have to say na
Report correctionitinago ng mag-asawang Duterte Carpio ang tunay na pinagmulan.
Report correctionNo basis, Counsel. Reform, Counsel. You can get to it.
Report correctionNgayon, again, kanina binanggit mo yung salitang money laundering. Batay po sa mga record na sinuri ng AMLC, masasabi po ba ninyo na ang mga transaksyon ni VP Sara Duterte at Atty. Mans Carpio ay may layunin na pagtakpan ang pinagmulan ng pera at palabasing lehitimo?
Report correctionmay give his opinion, counsel, given that he's executive director.
Report correctionI'll allow it. Witness may answer if he knows. If you know, Atty. Ronel, if you're
Report correctionI am unable to answer, Your Honor. I was only given the portion and even then I am, it's difficult to ascertain at this point because it's just numbers, Your Honor. We have to, if... yun lang po, Your Honor.
Report correctionUnable to answer, Your Honor. It's not in our records, Your Honor. Submitted.
Report correctionBatay po sa record na sinuri ng AMLC, ano po ang pinapakita ng mga transaksyong iyong tinestify on kung mayroon man tungkol sa money laundering?
Report correctionWhat was the question again, Attorney May? Sorry, I didn't get it.
Report correctionBatay po sa record na sinuri ng AMLC at ang mga dokumentong pinakita at Pinag-testify yan ng ninyo.
Report correctionAno po ang pinapakita ng mga transaksyong nakapaloob dito kung mayroon man tungkol sa money laundering?
Report correctionObjection. Vague and no basis considering that the witness already answered that yes, he can't comment on money laundering.
Report correctionThen he can give the same comment again, counsel. If he knows.
Report correctionYour Honor, I am unable to provide a comment on that, Your Honor, or answer because I only am testifying based on the records and insofar as I was confronted with the documents submitted, there was nothing that would make me conclude that one, Your Honor, or make an opinion on that.
Report correctionAttorney General, I'm curious. Inflow and outflow is not, how shall I characterize it, a technical term used by the AMLC.
Report correctionThat is correct, Your Honor.
Report correctionInflow and outflow was what was contained in the request by the House of Representatives when they asked for information from you.
Report correctionAnd you just culled it from what they may have meant.
Report correctionOkay, Your Honor, yung as I think I may have answered that earlier po dun sa question ni prosecution but to clarify lang po, yung in our records po as reported by covered persons, wala po dun na Kinakategorize po ng covered person na whether inflow or outflow po yung transaction. What they do is put a particular reference or transaction reference code po for us to know ano po yung naging transaction. So yun po yung mga nababanggit ko kanina kaya po nagre-refer po ako dun sa AMC transaction code. Yun po ba ay remittance, over-the-counter withdrawal, or papasok or palabas po. So kami po, we're just based lang po sa pagkakaintindi namin na inflow in a layman's term po, it's papasok po. So hinanap po namin, in-analyze po namin yung mga transactions and not analyze, more on tabulating po ano yung sa mga codes yung papasok, alin po sa codes yung palabas. Pero meron din pong codes nga po kami na we are unable to determine, kaya po meron po kaming undetermined if inflow or outflow.
Report correctionYou are unable to determine because nga? Tulad
Report correctionniyo, hindi nga kasi technical terminology used by MLC ang
Report correctionAng tama ba sa pagkakaunawa ko pag sinabi niyo inflow? Dineposito. Pumasok sa account.
Report correctionKasama po yun. Pumasok po sa account. Tama po.
Report correctionOutflow. Lumabas mula sa account. Winidraw sa account.
Report correctionKasama po yun. Okay. Attorney Mae, anything else?
Report correctionOkay. Atty. Buenaventura, ipapakita ko lang po yung mga dokumentong sinabi ninyo, sinubmit ninyo sa hukumang ito.
Report correctionSaan po yung front page nito kung meron man? Para makita ko lang.
Report correctionmay I ask, these documents were duly certified to and are considered public documents in the possession of the MLC. Duly submitted by virtue of a subpoena issued by this court and received not by the parties but by the clerk of court who in turn gave the parties copies of the same.
Report correctionBut, Your Honor, the reason we're going through this process, Your Honor, is to dispense with possible objections, Your Honor.
Report correctionmind, both BIR and AMLC documents are considered public documents under Section 19, Rule 132. And Duly attested to by the legal custodian. Duly presented by its head, both BAR and AMLC to the court. And absent any showing of either fraud, palpable mistake, or doubt as to the chain of custody after the court received it from both the AMLC and the BAR. I'm only referring to public documents. I believe that should obviate. Abit rather.
Report correctionagain, Tony Mark absent, any allegation or proof of palpable mistake, fraud, or similar grounds. The court considers these public documents as having been duly executed, emanating from public records, and duly authentic. Again, the ruling applies to both AMLC and only the BIR because these are Documents emanating from government offices and are public documents from public records.
Report correctionquestions. I have no further questions, Your Honor.
Report correctionYou want to do cross right now or we can take up some Senator-Judge's questions or do you have any cross to begin with, Attorney Mark?
Report correctionAtty. Mark, you may proceed with your cross-examination. Are you ready?
Report correctionYou are not a member of the Anti-Money Laundering Council proper, correct?
Report correctionYes, Your Honor. That's correct po.
Report correctionIn fact, let me direct your attention to Section 7 of the AMLA of 2001. It says here, Creation of Anti-Money Laundering Council or AMLC. The Anti-Money Laundering Council is hereby created and shall be comprised of the Governor of the Banco Central ng Pilipinas as Chairman, the Commissioner of the Insurance Commission, and the Chairman of the Securities and Exchange Commission as members. So based on this provision, the AMLC only has three members, namely the BSP Governor, the Insurance Commissioner, and the SEC Chairman, correct?
Report correctionThat is correct, Your Honor.
Report correctionNo, Your Honor. Atty. Ermar Benitez is the officer in charge.
Report correctionThank you for that clarification. And current SEC Chairman is Atty. Francis Lim?
Report correctionVery well. Now, your function as Executive Director is provided under a different section, which is Section 8, correct?
Report correctionLet me direct your attention to Section 8 of the AMLA. Section 8, Creation of a Secretariat. The AMLC is hereby authorized to establish a secretariat to be headed by an Executive Director who shall be appointed by the Council for a term of five years. And then it goes on to discuss the qualifications. Do you confirm this?
Report correctioncannot read, Your Honor, but based on what you mentioned, as far as I recall, yes, Your Honor.
Report correctionNow, based on this provision, you are the head of the secretariat only and not the head of the AMLC proper, correct?
Report correctionThat is correct, Your Honor.
Report correctionAnd you serve as the chief executive and administrative officer of the secretariat only, correct?
Report correctionThis involves the day-to-day operations as you mentioned a while ago?
Report correctionIn other words, your authority does not exceed the authority of the AMLC Chairman and the two other members, correct?
Report correctionThat is correct, Your Honor.
Report correctionAnd you act under the control and supervision of the Council members, correct?
Report correctionIn fact, you were only appointed as Executive Director on April 14, 2026. Do you confirm this?
Report correctionAnd for the record, this was only several days before your appearance before the House Committee on Justice on April 22, 2026, correct?
Report correctionThat is correct, Your Honor.
Report correctionNow, let me direct your attention to Chapter 2, Rule 5, Section 2.4 of the Revised Implementing Rules and Regulations of the AMLA as amended.
Report correctionsays here, the Council shall act unanimously in the discharge of its functions.
Report correctionAtty. Buenaventura, when you say unanimous, it means all three council members must concur, correct?
Report correctionThat is correct, Your Honor.
Report correctionIn fact, kung may incapacity yung isang council member, for example, yung duly authorized representative niya shall act instead, correct?
Report correctionThat is correct, Your Honor.
Report correctionAnd when not all three members concur, then there is no unanimity as required by law, correct?
Report correctionMy question to you is this. When you appeared before the House Committee on Justice on April 22, 2026, did you obtain a prior written authority of the three Council members?
Report correctionYour Honor, the authority granted was pursuant to our Information Exchange Guidelines which the Council already approved in 2022. So that is an authority granted. There's a provision there which authorizes me to appear whenever we're subject of subpoena with competent authorities, Your Honor.
Report correctionAgain, not responsive, Your Honor, but my question is very specific. Did you obtain a prior written authority of the three council members to specifically appear? Before the House Committee on Justice on that date.
Report correctionObjection, Your Honor. At this point, I've already given so much leeway to Attorney Vinluan. So I'm constrained to object on the ground of...
Report correctionObjecting on the ground of irrelevance, Your Honor. This witness was, as he's testified on earlier, Your Honor, he's appearing before this honorable court by virtue or on the strength of the subpoena issued by this... Honorable Court. So, it's pursuant to the compulsory processes of this Honorable Court.
Report correctionAnd there's also presumption of regularity on the part of this witness, Your Honor. And just a last point, Your Honor, may I be allowed, Your Honor, to sit down while listening to the cross-examination questions, Your Honor? Because, Your Honor, to be very honest, my back is already...
Report correctioncourt to make a ruling. Atty. Mark asked if he had prior authorization from the Council. Atty. Ronel answered that authorization to coordinate with the various branches was given by the MLC, I presume, to the Executive Director of the MLC, not you per se, Atty. Ronel, because you were not yet with the MLC.
Report correctionSo kindly, I would have to overrule, attorney may kindly answer the question. So allow the chair. So wala kang prior authorization na mag-appear po dito. Ang binabasihan mo lang ay yung 2022 na resolusyon pa ng AMLC na binigyan ng kapangyari ng isang executive director na mag-appear sa mga patawag tulad dito.
Report correctionYes, Your Honor. And based on that, we submit
Report correctionMemo to our council, Your Honor.
Report correctionWhenever we received the subpoena before, Poa, Your Honor. So, we submit memo and they just simply noted because indicated in our memo is that I'm appearing pursuant to the authority previously granted to them. So, they noted.
Report correctionhave prevented you from attending if they wanted to do so?
Report correctionYes, Your Honor, because they can simply immediately mention or inform me that no. It's not within the authority granted before, had they wanted to, Your Honor.
Report correctionTo your knowledge, if you know, has that ever happened, na hindi pinayagan ng AMLC after the 2022 guidelines na mag-appear ang isang Executive Director sa anumang pagpapatawag, Portimano Congreso?
Report correctionAs Executive Director, since at least April 14, 2026, as far as I recall, no, po, Your Honor.
Report correctionYour Honor, sorry, I just have to make this clarification. I wasn't even there, Your Honor. I was asking about appearance before the House Committee on Justice.
Report correctionAnd just to clarify, Your Honor, the question, I was specifically asking for a written authority, so we can cross-check, Your Honor.
Report correctionBut that was already answered, Your Honor. Earlier, the witness testified that he has a continuing authority to appear based on the guidelines.
Report correctionthe witness answer according to that. Atty. Rudel, kindly answer, did you have prior written authority to appear before the House? Limit your answer to that question only.
Report correctionYes, Your Honor. Based on the guidelines issued to the, not specifically to my person,
Report correctionbut rather as to the Executive Director, Your
Report correctionAlright. At any rate, you did not submit that Any written authority issued by the three council members before that House Committee on Justice, correct?
Report correctionNo, no, I'm talking about the submission of that written authority if you submitted it.
Report correctionSame as earlier, Attorney May. Let's let the witness answer the questions. We'll give enough leeway to Attorney Mark as we gave you earlier.
Report correctionwas not requested or required of me to submit that.
Report correctionOkay. Not submitted. Okay. Now, during that hearing, you disclosed the following. I'll go through the documents one by one. Annex A or the summary of covered transaction reports and suspicious transaction reports of VP Sara and her husband, Attorney Man Scarpio for the period of 2006 to 2025. Do you confirm this?
Report correctionAnnex B was financial intelligence reports on VP Sara. Do you confirm?
Report correctionMay I check my records, Your Honor?
Report correctionAnd investigation reports on VP Sara and attorney months, do you confirm?
Report correctionNow, all these documents that I mentioned were attached to a cover letter dated April 22, which was the date of your appearance, correct?
Report correctionAnd the information contained in these documents were confidential, correct?
Report correctionSorry po, the information...
Report correctionIn the CTRs, for example, they were confidential, correct?
Report correctionFrom our perspective, they are confidential, Your Honor, subject to our guidelines, Your Honor.
Report correctionAlright. Now, my next question is this. When you disclosed confidential information related to those documents before the House Committee on Justice on April 22, 2026, Did you also obtain the prior written authority of the three council members?
Report correctionIt was already included in the guidelines when I joined your honor.
Report correctionyou show us a copy of those guidelines where it indicates that you are authorized to disclose confidential information?
Report correctionI don't have a copy with me, Your Honor. So if it will be subject of a subpoena, Your Honor, because that guideline itself is also confidential, I would say, Your Honor. So if this honorable court would subpoena, of course, subject to the order of this honorable court, we will comply, Your Honor.
Report correctionAlright, we'll accept that answer for now. But just to belabor this point, the AMLC received a subpoena from the House Committee on Justice. On April 16, 2026, do you confirm this?
Report correctionThe date of the subpoena, Your Honor, is April 15, 2026, but the stamp as received on our end is a bit unclear on my records, Your Honor, but it should be, I think, two, one, or if memory serves, Your Honor, two or three days after
Report correctionOkay, that's okay. Now, was it to sestecom or ad testificandum, or both?
Report correctionSubpoena ad testificandum.
Report correctionet duces tecum, Your Honor.
Report correctionMeaning, you were asked to submit certain documents relating to VP Sara and her spouse, Atty. Mance.
Report correctionThat is correct, Your Honor.
Report correctionNow, for context, at the time that the AMLC received the subpoena, ilang araw pa lang po kayong Executive Director since na-promote kayo noong April 14, 2026 lang, tama?
Report correctionHindi po ako na-promote, Your Honor. I came from the private sector, Your Honor, before my immediate appointment to the
Report correctionlet me reform that. So, ilang araw pa lang bago kayo na-appoint as Executive Director, tama?
Report correctionNow, kahit ilang araw pa lang kayo sa trabaho niyo, you obliged to bring the subpoenaed documents to the House Committee on Justice, correct?
Report correctionNow, the documents requested covered the years 2006 up to 2025, correct?
Report correctionThat is correct, Your Honor.
Report correctionYes, Your Honor. That is correct.
Report correctionThat is correct, Your Honor.
Report correctionNow, based on the foregoing, it took you only around several days to collate and analyze the confidential data and information as requested by the House Committee on Justice. Correct?
Report correctionNo, Your Honor. Hindi lang po ako. Yung naggawa po nito, actually when I received the subpoena, I instructed the relevant units po in the same way to collate the information as existing as of the time we received the subpoena. In the same way po that kanina po, I mentioned that there were people who helped me prepare the table, mga analysts po, officers who were reviewing these records po, Your Honor. So ako po is just on the reviewing end din po, Your Honor.
Report correctionI understand. So, in other words, Just to clarify that, so was the report on the confidential data and information already prepared prior to your appointment as Executive Director?
Report correctionreceipt of the subpoena, I instructed the team to prepare our memo to our council to inform the receipt and of course whether we will be... will be complying in accordance with the guidelines and that's for that one. And then another track would be I ask my team, relevant team, to have to collate these records.
Report correctionso you mentioned the word team but was it you who caused your team to prepare the report on confidential data and information?
Report correctionAlright. Now, my more important question to you is this. When you caused the preparation of the report on confidential data and information, about VP Sara in attorney months for submission to the House Committee on Justice. Did you also obtain any prior written authority from the three AMLC members?
Report correctionNo, this is a different authority. This is a different task.
Report correctionIt's already included as well in our guidelines,
Report correctionIs it specifically included that appearance before the House Committee on Justice? You already authorized or you just interpreted it
Report correctionfar as I recall, Your Honor, because I don't have the document with me, it mentioned of competent authorities, Your Honor.
Report correctionUse a stronger mic, Atty. Mae. Witness already answered.
Report correctionAMLC members specifically authorize you to submit confidential data and information about VP Sara and Attorney Manz to the House Committee on Justice.
Report correctionFor that specific one, no, Your Honor. It's already
Report correctionembodied in the guidelines issued even before I joined as Executive Director, Your Honor.
Report correctionAlright, now I'll take it further, also in line with the question of the presiding officer earlier. In your appearance and giving of your testimony before the Senate Court, Senate Impeachment Court today, did you obtain a specific prior written authority from the three AMLC members?
Report correctionalready included as well, Your Honor, in the guidelines. Although I submitted a memo to the Council regarding my appearance last week, supposed to be the first one to the subpoena and then my...
Report correctionappearance for today and supposedly for tomorrow and for their notation, Your Honor.
Report correctionOkay. Now, my question to you is this. Did the AMLC specifically identify the proper end users of the confidential data and information on VP Sara and Attorney Mance?
Report correctionThere is no specific for VP Sara and Mance. It's more on...
Report correctionWe're already satisfied with that answer. So not specifically for VP Sara. Now, in your letter to Representative Luis Rodete, October 1, 2026, you attached tabular summaries containing confidential data and information on VP Sara in attorney months. Do you confirm this?
Report correctionThat is correct, Your Honor.
Report correctionAnd these tabular summaries indicated aggregate amounts, correct?
Report correctionThat is correct, Your Honor.
Report correctionPara lang po madaling maintindihan ng publiko, pag sinabing aggregate amounts, Atty. Buenaventura, tinotal nyo na po yung mga figures per category, tama?
Report correctionAlright. Now, these aggregate amounts were hundreds of millions to billions, correct?
Report correctionAlright. Now, my question is this. Did the AMLC specifically authorize you to use the aggregate amounts in presenting confidential data and information on VP Sara in attorney months.
Report correctionNo specific one, but Your Honor, we
Report correctionsubmitted again a memo to our counsel regarding this one, Your Honor.
Report correctionNow, did this honorable impeachment court specifically direct you to use aggregate amounts or yung mga totals in presenting confidential data and information on VP Sara in attorney months?
Report correctionYour Honor, what we submitted is only based on the... We prepared this based on the letter of the...
Report correctionDon't get ahead of yourself. I'm just asking if you receive a directive from the Senate Impeachment Court to use those aggregate amounts?
Report correctionNo specific instruction on that, Your Honor.
Report correctionNow, in fact, there was no court subpoena for these tabular summaries containing aggregate amounts, correct?
Report correctionWe can say there is, Your Honor, based on our letter, we indicated there that the last paragraph, Your Honor, if I may read po, for the avoidance of doubt, the tabular summary is furnished solely in relation to the subpoenas duchess diecom dated July 21, 2026.
Report correctionYou're not being responsive. I'm asking whether or not for these tabular summaries, did the court issue a subpoena specifically for these?
Report correctionI answered this earlier, Your Honor. Specifically, no, Your Honor.
Report correctionNow, in other words, pwede nyo namang ibigay na lang yung number of inflow and outflow transactions without aggregating the figures involved, correct?
Report correctionPero dahil tinotal nyo yung mga figures, mas malaki tuloy tingnan, tama?
Report correctionYou're already there, counsel. Move on. Move on to your next point, counsel.
Report correctionNow, at any rate, the idea of aggregate amounts only appeared in Representative Luis Trost's request letter dated September 29, 2026, correct?
Report correctionIn other words, it was only Representative Luistro who requested to indicate the aggregate amounts in presenting confidential data and information of VP Sara and Attorney Mance, correct?
Report correctionBased on our reply, yes, Your Honor, but again... As indicated in our letter, we are furnishing this solely in relation to the subpoenaed Duchess Tycom dated July 21, 2026, Your Honor.
Report correctionAt any rate, you obliged to Representative Luisto's request and provided tabular summaries with aggregate amount.
Report correctionPart of that request is to provide aggregate amounts of covered transaction reports or CTRs and suspicious transaction reports or STRs, correct?
Report correctionActually, natuto na rin po yung publiko about CTRs and STR sa mga nakaraang pagdinig natin. Pero balikan lang natin ulit, covered transactions are defined under section 3B of the AMLA, correct?
Report correctionI can't recall po the specific
Report correctionyou're on. But it's defined under the AMLA, yes po.
Report correctionRight. Now let me direct your attention to that provision. It says here, covered transactions is a transaction in cash or other equivalent monetary instrument involving a total amount In excess of 500,000 pesos within one banking day for covered persons under section 3A8, a single casino cash transaction involving an amount in excess of 5 million pesos or its equivalent in any other currency. So basta lampas 500,000, ire-report po sa CTR as CTR sa AMLA. Tama?
Report correctionTama po except yung sa casino po na 5 million pesos and yung real estate broker and developer po na 7.5. Yung nabasa niyo po or yung hindi ko po kasi makita from my perspective po dito yung screen. Pero may kulang po yun po yung sa real estate broker and developer.
Report correctionYeah, we'll help you with the hard copy. But insofar as the bank institutions, 500,000 pataas nire-report as CTR, tama po?
Report correctionNa automatic reporting po yan by the banks. and other covered persons. Tama po?
Report correctionAutomatic in the sense that they are mandatorily required to report po.
Report correctionOkay. We're satisfied with that answer. On the other hand, Section 3B1 of the AMLA defines suspicious transactions as follows. Suspicious transactions are transactions with covered persons regardless of the amounts involved where any of the following circumstances exist. Number 1, there is no underlying legal or trade obligation, purpose or economic justification. Number 2, the client is not properly identified. Number 3, the amount involved is not commensurate with the business or financial capacity of the client. Number 4, taking into account all known circumstances, it may be perceived that the client's transaction is structured in order to avoid being the subject of reporting documents under the Act. Requirements po. Requirements under the Act No. 5, any circumstance relating to the transaction which is observed to deviate from the profile of the client and or the client's past transactions with the covered person.
Report correctionHonor, you are willing to stipulate, Your Honor, that the matters being read by the defense counsel are matters stated in the law, Your Honor.
Report correctionSo we're willing to stipulate on what the law provides.
Report correctionSo pagdating sa suspicious transaction, Atty. Buenaventura, this is subjective in that the banks and other covered persons exercise discretion in determining if the transaction is suspicious, correct?
Report correctionYes, Your Honor. However, it's not purely subjective, Your Honor, because the AMLC has issued AMLC registration and reporting guidelines and ngayon po guidelines on reporting and compliance submissions po. So meron pong mga guides po doon how they would determine it whether what is suspicion, ano po yung mga potential po in relation naman po doon sa kung ano po yung nasa suspicious circumstances, Your Honor.
Report correctionI understand that but Don't you agree that even in the IRR, it's a verbatim excerpt of the AMLA?
Report correctionkung ano po yung i-report or kung ano po yung mga potential na red flags. Meron din po mga nakalagay doon kung anong specific industry po, kung insurance yan, kung... Kung banks po, may mga nakalagay na rin po. So it's foreign guidelines issued by the AMLC po.
Report correctionOkay, thank you for that clarification. At any rate, it is the banks or the covered institutions that make that determination, correct?
Report correctionAlright, very well. Now, you mentioned earlier that you aggregated amounts in CTRs and STRs of VP Sara and attorney mans. Pero ito pong tanong ko, meron po ba kayong personal knowledge or authentic records? para masigurado na lahat ng transactions na iyon ay income ni VP Sara at attorney months.
Report correctionYour Honor, irrelevant, Your Honor. That's business records, Your Honor, and official entries, which are exceptions to the hearsay rule, Your Honor.
Report correctionThen the witness can just answer, Your Honor. Then let the witness answer in that manner. He's a lawyer and top the bar. Attorney Ronell, you would know how to answer that question.
Report correctionNo, Your Honor. What we have on records are those reported only by the covered persons. It does not mention, these records do not mention income. I think that was the question, Poa. So, the records do not mention income, Your Honor. So, we are unable to
Report correctiondetermine it from that one, Your Honor.
Report correctionThank you for that answer. Now, meron ba kayong personal knowledge? or authentic records para masigurado ang pinanggalingan o source ng mga pondong ito.
Report correctionSame objection, Your Honor. Again, this is an exception to the hearsay rule, Your Honor. So this witness need not have personal knowledge on these documents.
Report correctionmay also state if he does not know. Alam niyo daw po ba kung saan ang galing yung mga pera ngayon?
Report correctionHindi po, Your Honor. We only base it... I'm able to answer, Your Honor, actually. It's based only on the records that we have. It doesn't mention where the funds originated, Your Honor. Except yun lang po. Halimbawa may remittance, may nakalagay po kung saan
Report correctionang galing. Pero it's always based on the records lang po, Your Honor.
Report correctionNow, dahil nga po wala kayong personal knowledge or hindi ganun ka... hindi sinasabi yun ng records na meron kayo... As to the source of funds, hindi niyo rin po masasabing illegal ito, tama?
Report correctionTama po. Tama po. Based on records lang po.
Report correctionNow, in fact, dun sa pag-aggregate niyo ng mga inflows and transactions, hindi lang cash at check deposits ang sinama niyo, tama?
Report correctionYou also included the following. Number one, insurance transactions. Tama po?
Report correctionTama po. Insurance and investment insofar as they are reported to us.
Report correctionTama po. Nakalagay po yan doon sa report niyo. Number three, loan-related transactions. Kasama po?
Report correctionTama po. As long as they are reported.
Report correctionAlright. Lahat naman to assume that as long as they are reported. Transfer of funds between own accounts. Tama po?
Report correctionMay sinabi rin po kayo, other miscellaneous items, sinama nyo rin po.
Report correctionNow, yung transfer of funds between own accounts, for example, so kapag nilipat mo yung 500,000, 600,000 from your BPI to your BDO, reported yun na CTR as inflow. Pero hindi naman yung income sayo, tama?
Report correctionyour honor, as inflow. Particularly for that matter po kasi I was discussing with... with my team po when we were preparing this. Yung inter-account transfer po, yung nilagay po namin yun doon sa undetermined if inflow or outflow kasi po hindi po namin madetermined based sa report lang kung lumabas pa or hindi pero same account holder po kasi yung naka-indicate tas wala po nakalagay if
Report correctionrate sinama nyo yun dun sa report nyo, yung undetermined na yan. Tama po? Alright. Now, very well. Dun po sa investment-related transactions, you included the following as well. Number one, insurance policies. Tama?
Report correctionBasta po na-report po sa amin.
Report correctionYes po. Basta po na-report sa amin.
Report correctionYes po, basta po na-report po.
Report correctionPara lang sa kalaman ng lahat, yung UITF Unit Investment Trust Fund, tama po?
Report correctionYes po, basta reported po sa amin.
Report correctionBank-reported transactions with an insurance company as a party, sinama nyo po?
Report correctionBasta po reported po sa amin.
Report correctionBank-reported transactions with a securities broker as a party, tama po?
Report correctionBasta po reported sa amin, yes po.
Report correctionNow, you also included in inflow transactions Rollover amounts in bank accounts, correct?
Report correctionBasta po na-report po sa amin.
Report correctionSinama, okay. Now, for the benefit of the viewing public, I'll just try to illustrate rollover amounts and then I'll ask questions along the way. So, if Juan de la Cruz, for example, deposits 600,000 in a bank, that is a covered transaction under AMLA, tama po?
Report correctionSo, ire-report ng bank sa AMLC as an inflow, correct?
Report correctionHindi po namin, wala po kaming recording ng inflow. I-re-record po namin na based po sa report ng banko using the proper code po. And malamang po kung kung tanong nyo po is inflow ba siya, kung pumasok po in
Report correctionYes, okay. Now, if that earns interest by month's end, the time deposit account is closed. Kasi sa example ko po, time deposit, just to be clear. And the amount is credited to the main account as 600,100 na, for example. That is reported again as a covered transaction under AMLA. Tama po?
Report correctionAt this point, Your Honor, I would already object, Your Honor, because we are already dwelling on assumptions and speculations, Your Honor. We're not dealing with actual cases.
Report correctionAllow me to answer, Atty. Mark. The members of the court, I believe, would be interested to know this as well. How this is being viewed by AMLC and if this is being reported as well. So, klaruhin natin, Atty. Marca, nagpasok ng pera sa time deposit. Nung nag-tapos na yung period ng time deposit, so nung pinasok yung pera sa time deposit, ni-report, covered transaction because above 500,000. Nung... Natapos na yung time deposit, let's say after 3 months or 6 months or whatever, 1 year, dineposited niyo na yung pera sa account niya. Ire-report din ba? Is that a covered transaction too? Attorney Ronel?
Report correctionSorry po, nawala po ako doon sa...
Report correctionNaglagay po ng pera po doon.
Report correctionMahigit 500,000, yes po, ire-report po yun.
Report correctionNgayon, nung natapos na yung period nung time deposit, di ba may period yan? 3 months, 6 months, 1 year?
Report correctionKumita na yung 100 piso. Yung 600,100 pesos ba i-report uli ng banko?
Report correctionAng sagot po doon ay yes kung yung dalawa lang po na yun yung transaction.
Report correctionKapag po kasi po yung time deposit po pag 30 days 30 days po natapos po tapos yung parang rollover po napapasok ulit para po yung renewal po kung meron Kung sumalamang po,
Report correctionmedyo malaking amount din po yun. So kung yun po ay sa same account, yung covered person po, based sa reporting guidelines po namin, maaaring hindi na po nila i-report yun. Yung unang beses lang. Tapos kung yung final na withdrawal. Pero meron po kaming mga reports, I think yung mga dati rin po, na nare-report, nare-report po, I think, nare-report po talaga nila na may pumasok, may lumabas. Tapos pag na-renew po. Pero based po sa mga recent guidelines po namin, hindi na po kailangan talaga i-report yun.
Report correctionAng tanda ko po, ito po ay yung 2 or 3 years ago po.
Report correctionApo, pero simultaneous pa po yung application kasi po.
Report correctionYung guidelines namin ngayon tsaka yung before po kasi po nag-adjust pa po yung covered person po namin na mag-implement sa system po nila.
Report correctionUnaan na kita, attorney Mark. So, posible na ang ilang sa mga transaksyon na binanggit mo rito ay pasok pa rin doon bagaman may guidelines na kayo 2 to 3 years ago na hindi na dapat?
Report correctionIt's possible lang po pero yung sa amin po, Yung nasa summary po at yung mga binigay po namin ng CTR-STR, ito po yung as reported po ng covered person. So, kung if we have to determine po kung yun nga pa ay ni-rollover or hindi, we have to go deep one by one po talaga.
Report correctionIf I may, Your Honor, just speak to Your Honor.
Report correctionYour Honor, may the defense counsel, Your Honor, be reminded or if not admonished not to be flashing. documents on screen, Your Honor, without laying the predicate or laying the basis for the flashing of those documents?
Report correctionIt's again a demonstrative tool, Atty. May. The court will allow it. He was in the process of answering, asking rather the witness, although indeed, Atty. Mark, the savings account heading may be not that accurate given that it's a time deposit.
Report correctionI too get confused. But again, you explain it anyway. Atty. Mae, I would have to overrule if it's an objection. And if it's a
Report correctionmanifestation, as duly noted. Kindly proceed, Atty. Mark. Yeah, since the... Atty. Sorry, Senator-Judge Pia is recognized. Apologies. With your indulgence,
Report correctionAtty. Pa rin naman ako, so okay lang naman. No, just to continue on this line of clarification. You mentioned the word kung na-rollover. So, may I get clarity that if it's a simple rollover, meaning it stays in that same account, if it's a time deposit, it stays in the time deposit. If it's a saving account, it stayed in the saving account. Are you saying under current rules, hindi na yan marireport ulit? Yung isang, yung unang beses lang?
Report correctionSa pagkakaalala ko po doon sa rules, yes
Report correctionhindi tayo ganun ka-sure? Would you like to check the rules?
Report correctionKung may mabibigay po sana na rules. Pero yun po kasi ay isa sa diniscuss ko rin po sa team before, part of my preparations po for testifying, yung po matter na yan na rollover po. So yun po yung napag-discussan po namin.
Report correctionSiguro Mr. Presiding Officer, we want the witness to be very certain about his answer now or... At some very, at some point in time very soon, we can give him access to his notes or the rules to clarify this kasi this is very important, Mr. President. And dagdag ko pa sa questions ko, kung hindi naman na rollover but I think it was similar to the question of the presiding officer, nalipat from the time deposit doon naman sa, let's say, binalik sa savings account or sa checking account, would your answer be the same na hindi na based sa pagkakaalala mo?
Report correctionYan po, separate report na po yan.
Report correctionSo, okay, let me illustrate. So, let's say may time deposit and I think this is very common. May time deposit, napansin ng isang kliyente na or baka sinabihan pa siya ng kanyang, ano matawag sa kanya, banker na Ma'am, sayang naman tong pera mo. Ang tagal lang dito. Nasa savings ang liit-liit. Checking ang liit-liit. Pasok nyo na lang sa time deposit. O sige, pasok natin. Eh, let's say the amount is 495. Eh, kumita ng more than 5,000. So, umabot. So, sa first, hindi na report. Pagpasok sa time deposit, after the time, umabot na ng 500,000. Ire-report na yon.
Report correctionSo, ire-report na yun. O tapos, naisip nung client after, I don't know, 3 months, 6 months, I need the money, bibili ako ng kotse. So, binalik na muna sa checking account, ire-report ulit.
Report correctionAyun. So, balik tayo dun sa one of the first document you presented na nakalagay Annex A. Possible yun na lumalabas-pasok lang yun depending on the desire of the client to earn the maximum interest or depending if may gagalawin siya dun sa pera. Ano lang, report ng report yun. So you could be reporting 500k 3 or 12 times a year if monthly lumilipat yun, lumilipat lang from one account of the same client to another. That is possible.
Report correctionPossible po. As long as yung sa amin po, hindi po namin, ang makita po namin kung ano po yung na-report ni covered person po. So kung ano man po yung desire ng client niya, kung ano po yung naging transaction, as long as they are reported to us, yun po yung makikita namin.
Report correctionSo kung hindi na tuloy ang pagbili niya ng kotse, di nasa time deposit, natapos yung time deposit, ma'am, ro-roll over namin na, ay teka teka kasi kailangan ko ng pang down payment sa kotse, balik ko muna sa account ko.
Report correctionSo, second time, i-re-record yun, diba? According to you. And then, nagbago isip niya, eh, teka muna, di mo na bibili ng kotse. Sige, time deposit ulit. Ma-re-record ulit yun.
Report correctionnaka-tatlong beses na, 500 times 3, and so on. Even though it's just the one amount.
Report correctionand yet you submitted a document na nakahighlight pa talaga in bold yung transactions.
Report correctionWe submitted it in pursuant to the letter po of the prosecution and we submitted po dun sa letter po namin. Also, we treated it as part of the submission to this honorable court po.
Report correctionreally was just pursuant in fairness to your question and I hope I was able to enlighten myself. Thank you very much to our colleagues for allowing me to do this.
Report correctionhindi ko intention na abusuhin yung time ko. Thank you so much. Thank you.
Report correctionThank you, Senator-Judge. The chair made that interjection to obviate the objection and lengthen the argument between the two counsels. So anyway, Attorney Mark, kindly proceed with your cross.
Report correctionThank you, Your Honor. But considering, Your Honor, that it's getting exciting, can we just move on with that same line of questioning? So for example, in that particular... If the time deposit is 12 months, for example, and the process repeats per month, meaning the accrual of interest, yung 600,000 will be around 12 times na in the AMLC reporting, correct?
Report correctionIf they are reported po sa amin, yes po.
Report correctionAlright. Meaning yung around 600,000 lang talaga, ang aggregated total niya in AMLC reporting will be around 12x or 7,800,000 already, tama?
Report correctionAy, sorry po, hindi po masundan yung pag-compute po. Pero basta na-report po sa amin, yes po.
Report correctionOkay. Now, when in fact, dun sa senaryo na yun, a little over 600,000 lang talaga yung true wealth, tama? Hindi yung 7.8 million na tinotal, tama?
Report correctionAlright. In other words, Bloated na yung amount sa reporting kapag aggregated total ang ginamit natin, tama?
Report correctionIf your perspective po is the money involved, pero hindi po kasi namin tinitignan yun sa reporting. Ang nare-report po sa amin is the transaction po. So, regardless po kung saan nagaling yung pera, ano yung original ng pera, hindi po yun yung natitignan po namin. Titignan po namin yung transaction.
Report correctionPrecisely. But in that scenario, if you aggregate the total or you provide an aggregated total, it's way much bigger than the actual money involved, correct?
Report correctionI cannot answer for the actual money involved but with the transaction, it's that, as reported po.
Report correctionvery good. Now, my question to you is this. Didn't a similar scenario of bloating happen in this case?
Report correctionYour Honor, at this point, we object to the use of bloating, Your Honor.
Report correctionThere was a predicate question, Your Honor, and he never... Disputed it, Your Honor.
Report correctionthe word bloating, counsel. You can get to where you want to get to, counsel.
Report correctiona while ago in response to the query of the presiding officer if it is possible for that kind of scenario to happen. Now let me ask a more pointed question. If you review your documents now, did that... Same scenario happened when rollover amounts were indicated in the CTRs and STRs?
Report correctionYour Honor, may I request to be confronted with the document so I can answer that because with the numerous transactions that we were processing, I am unable to determine that. Same earlier with the prosecution, I was asking for the documents, Your Honor.
Report correctionHonor, we will oblige, Your Honor. Can we ask our assisting counsel to
Report correctionwill no longer flash this document on the screen, Your Honor, in keeping with our position. That's confidential and strictly confidential documents are not for the viewing public.
Report correctionMay I ask for the question, Your Honor?
Report correctionSo, didn't a similar scenario of including rollover amounts happen in this case? Nung nag-report kayo?
Report correctiondocument, financial intelligence report, I will just have to read what is stated here, Your Honor, if that's okay.
Report correctionOkay. Because I am unable to make an immediate...
Report correctionAssessment or analysis on the question because but I can refer on the document, Your Honor.
Report correctionSo based on page 3 of the Financial Intelligence Report, paragraph 4, it shows, DB showed a possible monthly rollover of time deposit transactions covering the period January to September 2022 as detailed in the table below. So we do have tables indicated here.
Report correctionRow 1 is date, year, month, date, termination of time deposit and placement of time deposit. So for the date, it's January 1, 2020, January 2024, 2022, and then January, February 2022, February 22, 2022, March.
Report correctionYes, Your Honor. I'll just ask a follow-up question. So, the term rollover amounts appear in that document?
Report correctionHindi ba kaya umabot ng daang milyon o bilyon kasi aggregated amount ang ginamit niyo?
Report correctionCalls for an opinion, Your Honor. This is an ordinary witness and not an expert witness, Your Honor.
Report correctionIf you know, Attorney Ronell, is that possible?
Report correctionNo, Your Honor. We base our transaction only on the report, Your Honor. And in fact, we have notations even in our submissions that whenever there are entries appearing in both, We are actually sort of excluding them so as to avoid double counting, Your Honor. So what we are basing is only the reports, Your Honor.
Report correctionany rate, the CTRs and STRs do not have aggregate values specifically, right?
Report correctionSo, only in your tabular summary that you provided aggregate amounts, correct?
Report correctionI already asked and answered, Your Honor. This has been repeatedly asked and answered earlier, Your Honor, when he was asking about the preparation of the summary.
Report correctionTo abbreviate the proceedings, Attorney Ronell, if it was already asked and you already answered, then kindly repeat your answer.
Report correctionYung sa CTRs and CTRs themselves, no aggregate amounts appear therein? It is only in your tabular summaries, correct?
Report correctionWe're satisfied with that answer. Now, let's go to another transaction. Kapag ginawang beneficiary sa isang manager's check, kasama rin po yun sa CTR, whether i-encash, or i-deposit yung cheque o hindi. Tama?
Report correctionMeaning, just to, just further on the query of the presiding officer kanina, hindi lang puro pumasok sa account. Tama? Pag ginawa kang beneficiary ng manager's check, kung ilang million man yan, kasama pa rin dun sa reports nyo. Tama?
Report correctionYes po. May entry po na ganoon sa mga reports.
Report correctionAnd kapag na-stay yung manager's check, for example, at in-issue ulit, kasama ulit yun sa CTR. Tama?
Report correctionCan you confront me with your honor with the document because I am unable to recall immediately.
Report correctionYou wouldn't know that, right? Immediately, you have to go through the records.
Report correctionIf you want me to answer that, your honor.
Report correctionAlright, that's okay for now. Moreover, yung total aggregate amount ng transactions ay hindi necessarily pareho sa actual balance ng cash in hand or in bank at any one point, correct?
Report correctionYour Honor, I am unable to answer questions on the bank, the cash in the banks, Your Honor, because we don't have visibility on that. What we have visibility only are the reports submitted to us, Your Honor. So, I am unable to, my answer there, Your Honor, is I am unable to answer yes or no to that question,
Report correctionAlright, that's okay. Now... By the way, kung alam niyo lang po, considering you're
Report correctiona lawyer as well, illegal po ba para sa Vice President or sa kanyang asawa na kumuha ng insurance policy?
Report correctionObjection, Your Honor. It calls for a legal conclusion.
Report correctionAnd he's already asking this witness, Your Honor, to cast judgment.
Report correctionActually, I can answer that, but let the witness answer. Would you know if it is illegal, to your knowledge?
Report correctionYes, Your Honor. As far as my insurance law is concerned, Your Honor, no, there are only very limited people who are prohibited
Report correctionIllegal po ba na mag-invest at kumita sa time deposits?
Report correctionNoted. The continuing objection is noted but the court will allow it. Witness may answer.
Report correctionAs far as I recall po... To my knowledge po, no, Your Honor.
Report correctionIllegal po ba na mag-invest at kumita sa UITF or trust and agency investments?
Report correctionHindi po ako familiar dun sa UITF,
Report correctionIllegal po ba na mag-invest at kumita sa stocks and bonds?
Report correctionYour Honor, we are willing to stipulate that making investments or entering into investments by and of itself is not illegal, Your Honor. Just to abbreviate the proceedings.
Report correctionWe are willing to stipulate, Your Honor, that the... Vice President. Yes, entering into investments, getting investments by and of itself is not illegal.
Report correctionSo, not buying stocks because what Attorney Mark said was asked was buying stocks. Correct me if I'm wrong, Your Honor.
Report correctionAlready stipulated, Your Honor. We're willing to move on.
Report correctionNow, sa outflow naman po, punta po tayo dun. Hindi naman puro cash withdrawal ang kasama sa aggregate amount, correct?
Report correctionKasama rin po yung counterparty or nag-issue ng cheque, tama?
Report correctionAnd wala naman po kayong personal knowledge as to the purpose of the issuance of cheques, correct?
Report correctionWhether ginamit yun for bills payment, for example, tama?
Report correctionAng credit card purchases and payments, kasama rin po ba sa aggregate amount? Whether inflow or outflow?
Report correctionBasta na-report po, yes, Your Honor.
Report correctionNow, for the record, a transaction that is reported as a covered transaction is not necessarily an illegal transaction, correct?
Report correctionTo illustrate, kunyari may utang kaya 30 months for legal services rendered, Just to throw in a random number, kunyari 8 million, covered transaction yun kasi more than 500,000, tama?
Report correctionPero kahit covered transaction yun, there's nothing illegal about it, correct?
Report correctionI cannot make a conclusion on that, Your Honor. But as
Report correctionAtty. May or the opposing counsel to make any objections before answering.
Report correctionfor the meantime, insofar as this is concerned, Atty. Mae, asked and answered.
Report correctionSo, objection is overruled. Kindly continue, Atty. Mark.
Report correctionThank you, Your Honor. So, in other words, kahit gaano kalaki pa yung transaction, if the source of funds is legal, then there's no issue with AMLC, correct?
Report correctionAs long as legal, yes, your honor. And it's reported to us, your honor.
Report correctionAlright. In the same way, a transaction that is reported as a suspicious transaction is likewise not necessarily an illegal transaction, correct?
Report correctionNot necessarily, yes, that's correct.
Report correctionAlright. Mandate lang talaga ng banks and covered persons under the law ang mag-report ng both CTRs and STRs, tama?
Report correctionAt any rate, dun po sa tabular summaries niyo, sir, Iba-iba po ang nature ng transactions na kasama sa aggregate amount. Tama po?
Report correctionTama po. Lahat na po kasi ito.
Report correctionOo. At kahit umabot sa daang milyon o bilyon ang aggregate total ng mga transactions, hindi niyo po masisiguro, based on personal knowledge or authentic records, na daang milyon o bilyon din ang totoong yaman or true wealth ni Navipi Sara at attorney Manz. Tama?
Report correctionHindi ko po, hindi masisiguro kundi hindi ko po masasabi.
Report correctionOkay. Kasi nga, iba ang aggregated total ng transactions sa records nyo. Sa totoong yaman or true wealth ni VP Sara at attorney Manz. Tawa?
Report correctionAlready asked and answered, Your Honor, and this witness has already testified earlier that he will be incompetent to be testifying on these matters because he doesn't have any visibility on what on the records that are kept with the banks or the relevant institutions.
Report correctionWitness may answer, but before you answer, Attorney Ronel, Senator-Judge, Lacson is recognized. What is your pleasure, sir?
Report correctionGusto ko lang tumulong. Alam niyo, money laundering act. Kailangan tight sa unlawful activity. Ang tawag doon, predicate crime. Kung wala pong predicate crime, walang illegal.
Report correctionpaulit-ulit po, yun din naman ang topic. So, I just want to abbreviate. I'm sorry, Atty. Mark. Gusto ko lang tumulong.
Report correctionyour input, Senator-Judge Lacson. Kindly take it in advisement. Witness may answer. The last question of Atty. Mark. If you can remember the question, Atty. Ronel.
Report correctionIba ang aggregated total ng transaction sa records niyo sa totoong yaman or true wealth ni na VP Sara to 30 months. Tama?
Report correctionHonor, I'm unable to... I have no personal knowledge of
Report correctionof the spouses, Your Honor. So, what I can only testify on is the records that we have, Your Honor.
Report correctionAlright. Now, for the record, it was only Representative Luistro who requested for aggregate amounts, correct?
Report correctionAsked and answered, Counsel. Yes, I think for the third time already, Counsel.
Report correctionAlright. Now, my question is this. Will you agree That a presentation of aggregate amounts is subject to political interpretations?
Report correctionI am unable to answer that, Your Honor.
Report correctionOkay, I'll try to paraphrase it to the Filipino. Baka po masagot niyo. Ang mapupulitika po kapag malalaking total ang ipinakita, tama?
Report correctionAlready has been answered, Your Honor. Just a translation, Your Honor. The witness already said, Your Honor, that he couldn't.
Report correctionHindi ko po masasagot yun. Wala po akong competence to answer that.
Report correctionWala kayong competence. The reason why I asked that is because we have a Section 16 in our AMLA law. Are you familiar with that provision?
Report correctionis competent to answer. He's the Executive Director of the MRC.
Report correctionCourt already made a ruling. Witness may answer.
Report correctionTo me, or your honor, I have no immediate recall on that.
Report correctionAlright, I'll read it. Medyo malabo lang po, your honor. Section 16, Attorney Buenaventura, prohibitions against political harassment. This act shall not be used for political prosecution or harassment, or as an instrument to hamper competition in trade and commerce.
Report correctionBased on this provision, my only question is, do you agree that any data and information from the AMLC must never be used for political prosecution or harassment?
Report correctionAll I can answer, Your Honor, is what's provided in the law. As you mentioned, the Act or the AMLA shall not be used for political prosecution or
Report correctionIn other words, hindi po pwedeng gamitin ang mga datos na hawak ng AMLC para sa pamumuliti ka,
Report correctionAn answer po because that would call for an interpretation na immediate on my end. I am unable to make that interpretation but all I can answer, Your Honor, is that as provided under the law, the AMLA shall not be used for political prosecution or harassment.
Report correctionAlright, political prosecution and harassment. Now, ito rin po ba yung parehong wisdom if you know only? Is it the same wisdom ng batas kaya may provision on confidentiality?
Report correctionNo personal knowledge of your honor.
Report correctionOkay, that's okay. Now, the AMLC is a mere repository of reports from banks and other covered persons, correct?
Report correctionMisleading, your honor. There was no statement, your honor. And it's also wrong to say that the AMLC is a mere repository, your honor. The AMLC has a host of functions as testified earlier by this witness, Your Honor. Among other functions. It doesn't just act as a repository. Among other
Report correctionWitness may answer subject to that amendment or modification.
Report correctionMeaning the confidential data and information actually come from banks and other covered persons. Correct?
Report correctionThe CTRs and STRs, Your Honor, they come from banks and other covered persons, Your Honor.
Report correctionget guidance as to up to what time I can conduct my cross?
Report correctionSince he's been here the whole day, he's the longest witness we've had.
Report correctionBut, Your Honor, I'm just about halfway, Your Honor. In considering your honor, I think it's been like one hour pa lang naman yung cross call.
Report correctionnaman, kung kaya lang dumating yung audience mo dyan sa likod, di mo patitigil.
Report correctionContinue until we can continue, counsel. We'll try again.
Report correctionAs much as we can, let's try to finish with the witness since he's our witness that we had for the whole day. So let's try to do it. As much as we can within the day, together with the interjections of Senator-Judges that is. So please continue. I'm
Report correctionYes, Your Honor. Thank you, Your Honor. Thank you. Let me direct your attention to Section 8A of the AMLA. Section 8A, Information Security and Confidentiality, states that the AMLC and its Secretariat shall securely protect information received or possessed and shall not reveal in any manner any information known to them by reason of their office. This prohibition shall apply even after their separation from the AMLC. So based on this provision, the AMLC and its secretariat are required to securely protect confidential information received or possessed by them and prohibits the disclosure of confidential information from the banks and other covered persons.
Report correctionis misleading, Your Honor, because the defense counsel truncated a relevant portion of that law. There's a second paragraph to that law, Your Honor, which was omitted in the reading of the law and in the presentation.
Report correctionjust asking about this portion of the law, Your Honor, if the witness can answer.
Report correctionThe witness is well-versed with this provision of the law, I believe. Court takes judicial notice as well of its ruling which cited the second paragraph of 8a. Witness may answer. Attorney Ronel, kindly answer the question of the counsel.
Report correctionSir, Your Honor, may I request for the...
Report correctionSo it is the AMLC and the Secretariat. are required to securely protect confidential information received or possessed by them and prohibits a disclosure of confidential information from the banks and other covered persons.
Report correctionThe law is the law, Your Honor. This honorable court can even take judicial cognizance of what the law provides without even asking this witness, Your Honor.
Report correctionUse it in your own words, Attorney Ronel. Do you agree?
Report correctionI can only answer, Your Honor, what is provided in the law, Your Honor. So that was what was read earlier. I cannot see clearly what's in the screen, your honor.
Report correctionNow, and this prohibition shall apply even after wala na po kayo sa AMLC, tama?
Report correctionLet's correct your honor.
Report correctionNow, bilang Executive Director po Atty. Buenaventura ng AMLC, kayo po ay kabilang sa pinagbabawalan na mag-reveal ng anumang impormasyon sa anumang paraan sa ilalim ng provision na ito, tama?
Report correctionNo, I'm asking about the specific... Specific position, Your Honor, that he holds?
Report correctionYes, Your Honor. Subject to the second paragraph of Section 8A, Your Honor.
Report correctionAll right. Now, dun sa 8A ba, was there an exception explicitly provided under that section?
Report correctionthe second paragraph, there is, Your Honor, as far as I
Report correctionAlready answered, but again, Atty. Ronell, kindly wait for counsel for the panel of prosecutors. Adequate time to make an objection before answering.
Report correctionjust a more pointed question. Under Section 8A, was impeachment proceedings explicitly provided as an exception?
Report correctionThere's no mention about the word impeachment in section, as far as I recall.
Report correctionalright, I'll move on. Kasama ba sa confidential information ang CTRs at STRs?
Report correctionreceived by the AMLC and therefore, I can say that they are covered under that provision, under the provision on
Report correctionThat we need to securely protect
Report correctionthat information, Your Honor.
Report correctionHow about yung mga reports that process the CTRs and STRs? Confidential din po ba?
Report correctionI would say they are included as part of our documents that should be safeguarded by the AMLC, Your Honor.
Report correctionAfter all, they contain sensitive personal information and records of financial history, correct?
Report correctionThey contain only the records as reported to us, the covered transaction reports, the details, Your Honor, on the transaction.
Report correctionIn fact, can you confirm that yung mga documents from your office may nakalagay na confidential or strictly confidential or may kolatilya na you are not waiving confidentiality, correct?
Report correctionthis point, Your Honor, we... Object to these lines of questioning, Your Honor. This matter has already been ruled upon by this honorable court. This honorable court has already ruled against or thumbed down their claim of confidentiality.
Report correctionIt may be the proper subject matter, of course, Attorney Mae, notwithstanding the court's ruling. They are not appealing, nor are they seeking reconsideration of the court's ruling. And the witness is called upon to testify on behalf of the MLC and he is the Executive Director. If he knows,
Report correctionhe can always answer. So I would have to overrule the objection with this answer.
Report correctionSorry po, pwede pong paulit.
Report correctionSo yung mga documents emanating from your office, Atty. Buenaventura, may nakalagay na confidential or strictly confidential or may kulatilya kayo na you are not waiving confidentiality, correct?
Report correctionYour Honor. So may mga reports and records,
Report correctionmga letters po kami, hindi diba po, wala pong ganong nakalagay.
Report correctioninsofar as the documents that you submitted in relation to this case?
Report correctionYung CTR and STR po, they are extracts from our database, wala pong ganong nakalagay.
Report correctionadmitted naman a while ago that they're confidential, correct?
Report correctionabout what you're referring to other documents? Yung mga financial reports, meron nakalagay
Report correctionyun. Yung iba po. If you can confront me with that, I'll be able to intelligently answer you.
Report correctionTo be more precise, part of your general principles of information exchange is that the end user must first verify the information provided. Correct?
Report correctionYour Honor, can you provide
Report correctionme with the document where it is stated so I can intelligently confirm it?
Report correctionoblige, Your Honor. In particular, we are pertaining to confidential financial intelligence report.
Report correctionYes, Your Honor. May I know what is the question regarding this document, Your Honor?
Report correctionSo, part of your general principles of information exchange is that the end user Must first verify the information provided, correct?
Report correctionNo, Your Honor. May I read what is stated in
Report correctionrecord, Your Honor? At least in the portion of that one. End user is advised to 1. Verify the information provided. 2. Protect the confidentiality of the information. 3. Use the information for intelligence purpose only. 4. Not use the information as evidence in formal proceedings. And 5. Refrain from reproducing, copying, extracting, printing, or distributing this material to any third party without the written consent of the Anti-Money Laundering Council, Your Honor. That is what is stated here, Your Honor.
Report correctionAlright. Now, yung hearing before the House Committee on Justice, do you consider that as a formal proceedings?
Report correctionProceeding by the pursuant
Report correctionto the Constitution. Yes, Your Honor, I would say.
Report correctionAnd how about our hearing today? Do you consider that as formal proceedings?
Report correctionI would say, yes, Your Honor.
Report correctionAnd yet, in that document that you're reading, it says here, end user must not use information as evidence in formal proceedings.
Report correctionNo, it is argumentative, counsel, because it is what it is. It is what the law states.
Report correctionmove on, your honor. Now, my next question is this. Wasn't it the case that confidential data and information on VP Sara and attorney Manz were disclosed in the public hearing on April 22, 2026 before the House Committee on Justice?
Report correctionI'll allow it. But you're in a short leash, counsel, on this matter. Kindly answer, attorney Manz.
Report correctionI'm not in the position to make the
Report correctionOkay. Now, and because that was a public hearing, the end user of the confidential data and information was the general public. Do you agree?
Report correctionI'm not in the position to answer that, Your Honor.
Report correctionWitnesses answered, and indeed he is not in a position to answer that question.
Report correctionJust to belabor the point, Your Honor, how about the media who covered that proceedings? They're also part of the end users, correct?
Report correctionI am not in the position to answer that.
Report correctionIt's okay. How about the members of the House Committee on Justice and their staff? Were they end-users as well?
Report correctionthey are because we only complied with the subpoena issued by the House Committee on Justice,
Report correctionAlright. Now, were all the end-users that I referred to given a written consent by the AMLC or the three council members?
Report correctionYour Honor, that presupposes that these people should seek consent or approval from the AMLC before even receiving any data.
Report correctionThat's what he read, Your Honor, in paragraph number 5, and I'll repeat. Refrain from reproducing, copying, extracting, printing, or distributing this material to any third party without the written consent of the Anti-Money Laundering Council. So there's basis to my question, Your Honor.
Report correctionWell informed enough to answer. Please, Atty. Ranel.
Report correctionmay I be confronted again with the document, Your Honor?
Report correctionYour Honor, let me clarify again what is stated here. End user is, at least the last, the second sentence starts with, end user is advised to, and then it enumerated the activities that the end user is advised to do, Your Honor. So, Regarding the question, I am unable to answer that one, Your Honor.
Report correctionSo what you're saying, Attorney Ranel, is it's the lookout of the entity that requested?
Report correctionI would say yes, Your Honor, because what I can say, Your Honor, is the end user is advised to comply with all the following, Your Honor, as stated in the documents. I am unable to add what is provided here in the documents,
Report correctionBut under, one last point on this, but in point number 5 or item number 5, the provision uses the term must, correct?
Report correctionNo, Your Honor. Refrain lang. Refrain from reproducing is advised to refrain.
Report correctionit is your position that it is just merely suggestive in nature?
Report correctionTo begin with, it does not... The Presiding Officer would like to confirm that...
Report correctionYes, Your Honor. I refrained my... I mean, I reformed my question.
Report correctionSorry, may I get the question again, Your Honor?
Report correctionSo, because you kept on pertaining to the first part which is advice, are you suggesting that this is mere... this is not mandatory?
Report correctionWhat I'm saying is I cannot add anything that is not stated in the document that I'm being confronted,
Report correctionWe're okay with that answer. Now, let me move on. Meron pong penal provision on breach of information, security, and confidentiality yung AMLA, correct?
Report correctionAs far as I recall, meron po.
Report correctionLet me direct your attention to section 14 of the AMLA. And I'll read it for the record. Paragraph D. Breach of information security and confidentiality. The punishment of imprisonment ranging from 3 to 8 years and a fine of not less than 500,000 Philippine pesos but not more than 1 million Philippine pesos shall be imposed on a person convicted for a violation under 9C or Section 8A on information security and confidentiality of this Act. If the offender is a public official or employee, he shall, in addition to the penalties prescribed herein, suffer the penalty of perpetual or temporary absolute disqualification from public office, as the case may be. In the case of a breach of confidentiality that is published or reported by media, The responsible reporter, writer, president, publisher, manager, and editor-in-chief shall be liable under this act. My question is this. At the time that you disclosed the confidential information on VP Sara and attorney Manz, were you aware of this provision?
Report correctionI am aware of this provision.
Report correctionImposition of administrative sanctions. The imposition of the administrative sanctions shall be without prejudice to the filing of criminal charges against the persons responsible for the violation. After due notice and hearing, the AMLC shall at its discretion impose sanctions including monetary penalties, warning or reprimand upon any covered person, its directors, officers, employees, or any other person for the violation of this Act. It's implementing rules and regulations or for failure or refusal to comply with AMLC orders, resolutions and other issuances. Such monetary penalty shall be in amounts as may be determined by the AMLC to be appropriate, which shall not be more than 500,000 Philippine Pesos per violation. The AMLC may promulgate rules on fines and penalties taking into consideration The attendant circumstances, such as the nature and gravity of the violation or irregularity. Now, based on this provision, Atty. Buenaventura, penalties involve both administrative and criminal sanctions, correct?
Report correctionIrrelevant, Your Honor, and already bordering on badgering the witness, albeit the threat is veiled, Your Honor.
Report correctionHe's not yet there, counsel. I don't believe he's there. Witness
Report correctionAtty. May, you seem to be crouching. You may sit down for the meantime. Yes, Atty. Ronel.
Report correctionPenalties involve administrative and criminal sanctions, correct?
Report correctionfinally, last paragraph of Section 9C provides, when reporting covered or suspicious transactions to the AMLC, covered persons and their officers and employees are prohibited from communicating directly or indirectly in any manner or by any means to any person or entity, the media, the fact that a covered or suspicious transaction has been reported or is about to be reported, the contents of the report, or any other information in relation thereto. Neither may such reporting be published or aired in any manner or forms by the mass media, electronic mail or other similar devices. In case of violation thereof, the concerned officer and employee of the covered person and media shall be held criminally liable. So under this provision, Atty. Buenaventura, pati yung media pwedeng makasuhan, correct?
Report correctionContinuing objection, Your Honor, on the ground of irrelevance.
Report correctionDuly noted, the continuing objection of the counsel for the panel of prosecutors is duly noted.
Report correctionSorry, Your Honor, I was at loss with the...
Report correction9C po. Simple lang po yung tanong ko. Ang tanong ko lang po, under that provision, pati media po pwedeng makasuhan, tama?
Report correctionIn the appropriate cases. Based on the law, it appears it's stated there, Your Honor.
Report correctionAlright. Now, as regards the penalties naman po dun sa mga binasa nating provision for breach of confidentiality, kasama po sa parusa yung imprisonment, correct?
Report correctionbinanggit niyo po kanina, yes, sir.
Report correctionimportantly, kasama po yung perpetual or temporary absolute disqualification from public office. Now,
Report correctionby the way, on top of your head, sino po yung mga public officials na present dun sa House Committee on Justice on April 22, 2026?
Report correctionCTRs and STRs are nevertheless useful in investigations by the AMLC, correct?
Report correctionIn fact, Section 7-1 of the AMLA provides, and I quote again, to investigate suspicious transactions and covered transactions deemed suspicious after determination by AMLC money laundering activities and other violations of this Act. So based on these provisions po, it is the mandate of the AMLC to investigate covered and suspicious transactions if related to money laundering activities and other violations of AMLA. Tama po?
Report correctionLet me direct your attention to paragraphs 3, 4, and 6 of the same section. Paragraph 3. To institute civil forfeiture proceedings and all other remedial proceedings through the Office of the Solicitor General, to cause the filing of complaints with the Department of Justice or the Ombudsman for the prosecution of money laundering offenses, and yung sa 6 po, to apply before the Court of Appeals ex parte the freezing of any monetary instrument or property alleged to be laundered, proceeds from, or instrumentalities used or intended for use in any unlawful activity as defined in Section 3i hereof. My question is this. Part of the AMLC mandate is also to institute civil forfeiture proceedings. Tama po.
Report correctionTama po as stated as what you've just mentioned, Your Honor.
Report correctionTama po as you've just stated, Your Honor.
Report correctionTo apply for for freeze orders with the Court of Appeals. Tama?
Report correctionTama po, as you stated, Your Honor.
Report correctionNow, the CTRs and STRs of VP Sara in the 30 months that you examined and processed were from 2005, 2006 to 2025, correct?
Report correctionMy question is very simple. Did the AMLC file any complaint with the DOJ or Ombudsman for money laundering offenses against VP Sara or attorney mans in 2006, if you know.
Report correctionon your records, I know you were not yet there, but based on your records, can you...
Report correctionI am unable to answer, Your
Report correctionthat goes beyond what was subject of the subpoena, Your Honor.
Report correctionAlright. Meron bang civil... forfeiture proceedings laban sa mag-asawa noong 2006. You can just answer no if you don't know.
Report correctionI am unable to answer, Your
Report correctionHonor. It's not part of what was subject of the subpoena.
Report correctionMeron bang application for freeze orders laban sa mag-asawa noong 2006?
Report correctionI am unable to answer, Your Honor, because it was
Report correctionoutside the subject of the subpoena.
Report correctionMeron bang mga ganitong kaso na nabanggit ko laban kay... VP, Sara, Atty. Masun, 2007 naman po.
Report correctionYour Honor, the witness has already testified that he cannot testify on matters outside of the subpoena period, Your Honor.
Report correctionHe was not yet outside the subpoena period. Yes, what was your question, Atty. Mark?
Report correctionasked about the functions or mandates of the AMLC and, Your Honor, part of those were instituting civil... forfeiture proceedings.
Report correctionremember that. That's under the law. If you know, attorney... Noong 2007.
Report correctionYour Honor. It's the subject of the...
Report correctionI am unable to answer that, Your Honor. I am unable to answer that, Your Honor.
Report correctionWith your indulgence, Attorney Mark, Senator-Judge Rafi.
Report correctionMr. Presiding Officer, kanina... Na-rule mo na allowed dito sa impeachment court yung pag-divulge ng mga information dito sa impeachment court itong AMLA records. Now I can see itong defense paulit-ulit na binabadger na lang niya itong witness. Kanina pa ito ng alas 10 na umaga at nakikita ko pagod na siya. And I don't see any reason bakit paulit-ulit na lang itong defense na tinatakot pa, pati media tinatakot. Meron pang mga 500,000. I mean, come on. Alam naman natin na kanina ng presiding officer na allowed dito sa impeachment court yung pag-divulge ng mga information coming from AMLA.
Report correctionTuloy si Lito Lapid takot na magsalita. Balak pa naman ni Lito Lapid magtanong. Tinakot niya si Lito Lapid. Come on.
Report correctionKanina pa tayo. Pagod na tayong lahat, especially the witness. And I can see yung sa prosecutor, kanina pa masakit ng likod niya. Give us a break, okay? Thank you. Walang takutan.
Report correctionKindly take the statements of Senator-Judge Tulfo in advisement. I think the Senator-Judges and the parties involved get the point. At the outset, the Chair already even made it clear to the witness himself if he's aware. of the possible legal liabilities he may face given his testimony earlier this morning. I think we get the message, counsel. You can perhaps move to another point of yours.
Report correctionYour Honor, actually this is already another point. I'm talking about specific factual questions, Your Honor, pertaining to any complaints for money laundering that were filed in previous years based on the records
Report correctionIf he is aware of any prior to his appointment earlier this year and after his appointment earlier this year. To abbreviate, in the interest of abbreviating the proceedings. Atty. Ronel, are you aware of any situation that Atty. Mark is mentioning prior to your appointment at the AMLC as Executive Director?
Report correctionI am unable to answer, Your Honor.
Report correctionI am unable to answer as well, Your Honor.
Report correctionYour Honor, actions taken by, okay, number one, Your Honor, the subpoena was to testify on the records, Your Honor, so If these are not included in the records, I'm unable to provide any information on that one. Second, Your Honor, there are certain rules, for example, in the If we file, for example, I'm not saying that we did, but just saying that under, for example, bank inquiry rules of the Court of Appeals, we cannot disclose if there is a case filed before that. Otherwise, that would amount to, it would constitute contempt of court, Your Honor. So, there are certain impediments, legal impediments for me to make any disclosure on that matter, Your Honor.
Report correctionSo, that's his answer, Attorney Mark. Your witness.
Report correctionOkay. So bago po kayo ipatawag dun sa House Committee on Justice hearing noong April 22, may finial ba ang AMLC in particular na Caso on Money Laundering Offense kina VP Sara at Atty. Mance?
Report correctionI am unable to answer that, Your Honor.
Report correctionAt any rate, nothing prevents the AMLC from investigating VP Sara and Atty. Mance motu proprio or upon receipt of request by lawful enforcement agencies if the circumstances so warrant, correct?
Report correctionYes, we can also do that proactively, Your Honor. Even without the request of relevant law enforcement agencies, Your Honor.
Report correctionNow, you mentioned you had investigation reports, pero wala pong any final findings on money laundering offense as committed by VP Sara and attorney Mance, tama po? If you're aware.
Report correctionI'm unable to answer anything that was outside the reports that we submitted, Your Honor.
Report correctionYeah, but you mentioned a while ago that you caused the preparation or your team caused that preparation of those reports, tama po ba?
Report correctionThose, as mentioned earlier, these are reports already existing when I joined the AMLC, Your Honor. So, it was subject of the subpoena, Your Honor.
Report correctionkung wala nga pong final determination, masasabi niyo po ba na premature pa yung any accusation of amassing unexplained wealth?
Report correctionI am unable to answer that, Your Honor.
Report correctionOkay. Because according to the mandate, cases can be filed with the DOJ or Ombudsman if so warranted, correct?
Report correctionUnder the law, it mentioned the filing of cases, Your Honor.
Report correctionAt any rate, cases for money laundering must still be tried and decided by the courts, correct?
Report correctionThat is correct, Your Honor.
Report correctionAnd accusations of money laundering must still be proven by competent evidence in court, correct?
Report correctionVery well. Let's talk about the nature of the transactions. Do you have personal knowledge that any of the transactions in the CTRs or STRs of VP Sara in attorney months are related to unlawful activities as defined by AMLA?
Report correctionPersonal knowledge? No, Your Honor. I only base my testimony on the records earlier, Your Honor.
Report correctionAre those conclusive findings already if you have records? At these are... That they are related to unlawful activities?
Report correctionThe basis of the report, at least for covered transaction, is that they are required by law to report that for suspicious transaction, your honor, the basis is suspicion or suspicious circumstance, your honor.
Report correctionYeah, but at any rate, you already admitted that you don't have any personal knowledge that they are related to unlawful activities, tama?
Report correctionYes, Your Honor. Personal knowledge. No personal knowledge, Your Honor.
Report correctionWe have personal knowledge if they are related to kidnap for ransom, for example.
Report correctionHonor, the witness already answered that he has no personal knowledge whether...
Report correctionThe witness clearly does not have personal knowledge with respect to the reasons why a bank...
Report correctionclassified a transaction as suspicious given that suspicion is subjective to the covered entity making such a report. We hear you and we get the point.
Report correctionAt this point, Your Honor, considering that during the direct examination, several figures were raised, can we give way, Your Honor, to interpolations from the Senator-Judges first as we prepare our notes relating to those figures?
Report correctionYour Honor, the figures that were flashed, the documents that were flashed are documents that the defense had already been provided.
Report correctionTo be honest, Your Honor, I'm just around halfway, Your Honor.
Report correctionover your notes? Just to reconcile, Your Honor, the figures that were flashed. Your Honor, at any rate, Your Honor, the presentation took, what, the entire day, almost six hours. And we're just starting. It's just less than two hours, Your Honor.
Report correctionYour Honor, this is already dilatory with all due respect, Your Honor. The defense was already given ample time to prepare for today's hearing. The hearings for...
Report correctionThursday? Friday was already cancelled upon their request. Do
Report correctionCounsel, if I may. The figures flashed, the only difference of the figures flashed on screen with what was submitted by way of the report of the AMLAC Executive Director was only with respect to the total.
Report correctionIt referred to exactly the same figures that The court gave the counsel-forrespondent enough time to go over. That's why we cancelled the hearing on Friday upon your request, given the voluminous documents. Again, to reiterate, Atty. Mark, the only difference of the documents flashed on
Report correctionscreen were the totals, as you aptly pointed out, that there were no totals in the... in the table and or tabulation of the witness. I will give you time, counsel, to prepare to continue your cross. But perhaps two or three interjections from Senator-Judges and then you will continue your cross. Senator-Judge Lacson?
Report correctionSir, Presiding Officer, tanungin ko lang po yung witness. Are you okay, Attorney?
Report correctionYes, Your Honor. Thank you. Okay naman po.
Report correctionSo, Attorney Mark, we'll allow two or three interjections for you to look at your notes so that you can continue your cross.
Report correctionWe appreciate that, Your Honor. In the meantime, can we just recognize our lead counsel for just a
Report correctionAttorney Sheila is recognized. Senator Prior to Atty. Sheila, with their indulgence, Atty. Sheila, Senator
Report correctionYes, I'd just like a follow-up question on the earlier question raised by Senator Lacson because I recall the witness has not had lunch. And so, yes, he says he's okay. But I'd like to know if he can proceed with, you know, continuing with the cross-examination as well as the Questions from the Senator-Judges or would you like to likewise have a break or a few minutes?
Report correctionWe don't want to undermine or compromise your health?
Report correctionYes, Your Honor. We understand. Thank
Report correctionMaybe we can give him a banana or something para may energy siya but it's up to him, Mr. Presiding Officer.
Report correctionunderstand the disposition of this Court in wanting to have a more speedy trial and hearing in this case, Your Honor. But I think it would also be more reasonable, prudent, and more fair if both parties are given Ample and meaningful opportunity to fully examine the witness. When Atty. Bin Luan asked for time to organize his notes so that he may intelligently examine this witness, we're not really... And the prosecution insinuates that this is dilatory. That's not to your honor. We take exception to that. In fact, your honor, I don't think there's any doubt here that The prosecution took the entire day direct examining this witness, Your Honor. We have only examined this witness for an hour, Your Honor. We're not asking for a long time. We're simply asking that considered. And it's not only about the data or the availability of the data. In fact, And as I mentioned earlier, when this hearing started, we just received the other day over the weekend the resubmission of the data from this witness, Your Honor. And even if the data were available beforehand or just late last week, Your Honor, the questions propounded during the direct examination specified, targeted certain line items and we also The amount of papers that this witness had to sift through. And there was even a length of time when he had to pause because he had to look at the documents, Your Honor. We're not trying to delay this proceeding. On the other hand, are we also rushing this hearing? Because we're not asking for a lot of time, Your Honor. We started cross-examining this witness.
Report correction5pm. It's only 6.41 with all the other interjections from the other members of this court. We're not trying to delay this hearing. We're only asking for a fair and meaningful opportunity to examine on behalf of the respondent this witness because the prosecution took the entire day. Direct examining this witness. We cannot be rushed in cross-examining this witness, Your Honor. That will not be fair.
Report correctionWith all due respect, Your Honor, I don't want to engage in a lengthy exchange, Your Honor, but just to address the points raised. The time that they were given to review the documents was the exact same time that we were given. Just like the defense, Your Honor, the prosecution also received the summary from the AMLC on the same day. And yet, Your Honor, we took the pains of going over it over the weekend to prepare for today's hearing. And Your Honor, the manifestation of Atty. Vinluan should not be taken in isolation, the latter manifestation. Earlier, Your Honor, Atty. Vinluan was already requesting to call it a day, Your Honor. And that's where my manifestation about...
Report correctionWith all due respect to Atty. Winluan, that this statement seemed to be dilatory, Your Honor. That's where the statement presented.
Report correctionLet the Chair declare a brief recess. We'll add this to the time needed by Atty. Mark. But let the Chair call a brief recess and consult the Senator-Judges. Given that, I know it's been a long day for everyone and this is the first time the trial has lasted this long.
Report correctionAnd I guess everybody is indeed tired. Even Attorney Mae's back is hurting already. So, Chair will declare a brief recess and shall consult with the Senator-Judges and shall resume in a bit. Trial is in recess.
Report correctionUpon consultation with the Senator-Judges and upon talking to the witness, for the record, I was informed that Attorney Ronel Buenaventura has been the...
Report correctionThe longest serving witness testifying before the impeachment court in the history of the impeachment court, thrice over. And given that he has not had lunch even. Yung nag-lunch kanina, gutom na nga ngayon eh. Siya pa na hindi nag-lunch. So in due consideration of the witness, we shall... Adjourn in a few minutes and resume tomorrow at 10 a.m. for the cross-examination, not the interjection of Senator-Judges, but cross-examination. The continuation of the cross-examination of Attorney Mark, as well as redirect by Attorney May, recross if any, and the interjections of Senator-Judges. And hopefully, we can begin...
Report correctionIf not finished as well, the testimony of the other witnesses in line for tomorrow and Wednesday. For the guidance, it was pointed out to the presiding officer by the counsel for respondent that the time we gave for the whole day trials is about 6.30. We will try our best to finish it before dinner, but the chair will not hold the... kindly not... Do not hold the chair to it because depending on the exigencies of the trial, we may exceed 6.30 and simply call for a dinner recess and resume. If for example, just as an example, the witness would no longer be available in the succeeding days or for some other exigency that we do not foresee. But having said that, for today, this is the longest day we've had. I know everybody is tired and as the Chair said earlier as well before we began with this hearing, a bit short as well given the long day. So we shall call it a day then. Honorable Redon?
Report correctionto raise the request for stipulation relating to the banks and the insurance companies and the investment companies.
Report correctionI believe the council correspondent has it already at the appropriate time before the bank witnesses and insurance companies testify. I believe we can hear from the council correspondent. Do you commit, Attorney Sheila?
Report correctionYes, Your Honor. I confirm that we have received a request for stipulation. If the court would allow, we'll say our response now. The request is rejected, Your Honor. And we will make our comment. to the offer at the appropriate time when they present their witnesses.
Report correctiontime to do so, yes. Given your rejection of the stipulation.
Report correctionAny other matter you want to take up, Honorable Redon?
Report correctionYes, Mr. Presiding Officer. Just a quick manifestation. Earlier, the Defense counsel was raising the issue of criminal liability as to disclosure.
Report correctionof AMLA records. The witness has already said that it is his view that his disclosure is authorized because of the subpoena.
Report correctionThe defense counsel likewise mentioned or raised issues about the house prosecution and the disclosure of AMLA records in the house, again raising issues of criminal liability.
Report correctionIt leads us to think that maybe in the cross-examination, I don't know. The defense counsel will raise the issue of the possible criminal liability of the senator-judges. I don't know. It's a matter of concern. And I just want that placed on record. We have the Senate presiding officer has ruled. If the defense wishes to raise this issue, bring it. To the Supreme Court, perhaps. But raising the issue of possible criminal liability for authorized disclosure in this impeachment court, I believe, is
Report correctionrecord. Senator-Judge, Sotto is recognized. What is your pleasure, sir?
Report correctionThe counsels in the impeachment should be reminded of the term parliamentary immunity.
Report correctionDuly noted. Senator-Judge Irvin, what is your pleasure, sir?
Report correctionThank you, Mr. Presiding Officer. We have given the prosecution about more or less six hours time.
Report correctionAre we going to or shall we also give about six hours time tomorrow for the defense for your questioning? Because it will be unfair if we tomorrow it will be they will not be given time Mr. Presiding Officer.
Report correctionNot necessarily six hours but neither will we shorten it unduly.
Report correctionWe believe in the reasonableness and candor of lawyers in appearing before this court and we shall rely on that, Your Honor. It's not really equal when it comes to time for direct cross, redirect, and recross. It will depend on the councils themselves. As you have seen, sometimes the council correspondent does not have any cross. despite the long direct examination of the counsel for the panel of prosecutors. So it's totally up to them.
Report correctionYou're right, Mr. Presiding Officer. I was just kind of wondering because the defense is saying like they're not even halfway through questioning the witness, Mr. Presiding Officer.
Report correctionwill not unduly shorten it but neither will we allow delays, Your Honor. But you have to count as part of the direct examination the objections of the counsel for the respondent and the arguments of the lawyers as well as the ruling of the court. And the same is true for the cross-examination. You have to take into account the objections of the counsel from the panel of prosecutors, their arguments, and the corresponding ruling of the court. So it's not just really their questioning. It would depend on your honor and the court and the presiding officer cannot predict what will happen and how long it will take. But we will give you ample time, Attorney Martin. to finish your cross-examination tomorrow.
Report correctionsorry, jagod na talaga. Senator-Judge Riza is recognized. What is your pleasure, ma'am?
Report correctionSalamat po, Mr. Presiding Officer. Maikling dagdag lang po kaugnay ng mga manifestations ni na Senator-Judges Kiko at Tito. Tingin ko rin po, mali rin na Kahit indirectly, bantaan ang media sa pagganap nila ng kanilang esensyal na tungkulin na i-cover yung mga proceedings na ito. Iparating sa madla, sa pamamagitan man ng traditional or kahit social media ang mga kaganapan dito para po mapagusapan, mapag-isipan at makabuo ng mga opinion yung ating mga kababayan. Dapat po walang chilling effect na either sadyang or disadyang lilikain sa hanay ng fourth estate. Yun lang po, Mr. Presiding Officer, at salamat po.
Report correctionIf there are no other Senator-Judges who wishes to make a manifestation, it's 7.02. It's been our longest day. We've been at it for over eight hours minus the lunch breaks and the short breaks of Attorney Mark.
Report correctionSo we call it a day. And trial is adjourned until tomorrow, October 6, at 10 o'clock in the morning.
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