AMLC won’t reveal bank records of Luy, other whistle-blowers

MANILA, Philippines - The Anti-Money Laundering Council (AMLC) has refused to reveal any information it has on the bank accounts of pork barrel fund scam whistle-blowers Benhur Luy, Marina Sula, Merlina Suñas and Gertrudes Luy.

And even if it does have documents, reports or investigation results in possession, the AMLC chaired by the governor of the Bangko Sentral ng Pilipinas (BSP) said it cannot be compelled by the Sandiganbayan to disclose details before a case against the concerned individuals is filed in court.

In a manifestation and motion filed before the anti-graft court’s Fifth Division, the AMLC said the subpoena duces tecum issued upon the request of accused Sen. Jinggoy Estrada should be quashed.

Estrada is under detention at the Philippine National Police (PNP) custodial center facing charges of plunder.

The production of documents relating to the inquiry on the bank accounts of Luy and his fellow whistle-blowers would also allegedly violate the Bank Secrecy Law.

“In the investigation of money laundering activities, the AMLC deals with very sensitive information, including bank transactions which are deemed confidential under Republic Act 1405,” the AMLC explained.

“Needless to say, any investigation report which the AMLC and its secretariat may have prepared in the exercise of its investigative power may not be unnecessarily disclosed before a case is actually filed in court,” its pleading read.

The AMLC noted Estrada did not specify his purpose in asking for investigation reports and information.

The AMLC stressed its reports are deemed confidential and even assuming that it does have information on the bank records of the whistle-blowers, such report would be irrelevant and immaterial to the issue since Luy and his group are not respondents to the plunder case against Estrada.

It said the money they received for working under pork barrel fund operator Janet Lim-Napoles does not necessarily form part of the amount Estrada is accused of pocketing.

Estrada sought the issuance of the subpoena to the AMLC in an apparent plan to use the documents and information against Luy and his group and show that they were the ones who benefited from the pork barrel fund scam.

Meanwhile, Sula returned to the witness stand as a prosecution witness before the Sandiganbayan’s Third Division yesterday for the hearing on the bail petition filed by Napoles.

Sula continued her direct testimony telling the anti-graft court of how Napoles never used documents or wrote instructions that would prove that she had control over her bogus non-government organizations (NGOs).

Sula also admitted receiving a Toyota Innova from Napoles in 2009, which her husband is still using up to now. She said they are willing to return the vehicle.

Napoles, however, said the van was only borrowed by Sula’s husband for an event but was never returned.

The Third Division is handling the pork barrel fund scam plunder case against Sen. Juan Ponce Enrile while the First Division is hearing the case of Sen. Ramon Revilla Jr.