MANILA, Philippines - The Supreme Court (SC) has acted on the petition of a law firm associated with Vice President Jejomar Binay to stop the examination of its books by the Anti-Money Laundering Council (AMLC).
In yesterday’s session, the high court ordered the AMLC and the Court of Appeals (CA) to answer the petition of Subido Pagente Certeza Mendoza & Binay (SPCMB) law offices seeking the issuance of temporary restraining order (TRO) to stop the AMLC’s investigation into its bank assets.
The respondents, including the Securities and Exchange Commission and the Insurance Commission, were given 10 days from receipt of notice to comment on the petition.
In its petition filed last week, SPCMB stressed the urgency of the issuance of a TRO, citing the unlawful and unconstitutional examination of their firm’s bank accounts by the AMLC.
The law firm where the Vice President’s daughter, Makati Rep. Abigail Binay, is a partner-on-leave argued that its inclusion in the probe was “arbitrary, whimsical and a capricious act” of the AMLC and CA.
The petitioners argued that their rights to privacy and due process were violated, adding their law firm should not be covered by the AMLC probe.
SPCMB is not charged with or impleaded in any crime to warrant the ongoing books examination, they said.
The petitioners asked the high court to declare the CA order null and void as it was “issued with grave abuse of discretion amounting to lack or in excess of jurisdiction.”
The law firm also assailed the legality of the AMLC proceedings, saying it allowed the courts to examine their bank accounts without hearing.
It also asked the SC to declare the Anti-Money Laundering Act as unconstitutional for allowing the examination of bank accounts in any way related to money laundering without giving notice to the respondents.