MANILA— House prosecutor Akbayan Party-list Rep. Chel Diokno argued that the Anti-Money Laundering Council’s (AMLC) confidentiality rules do not prevent the Senate impeachment court from compelling the release of AMLC records through a lawful subpoena.

The dispute arose after Vice President Sara Duterte’s defense sought to defer the testimony of AMLC Secretariat Executive Director Ronel Buenaventura, citing the confidential nature of the documents and the need for additional time to examine the records.

Defense counsel Sheila Sison invoked Section 8-A of the amended Anti-Money Laundering Act, which requires AMLC officials and employees to protect information obtained in the course of their duties.

Sison said the documents supporting Buenaventura’s testimony were marked “strictly confidential” and cited the AMLC’s cover letter stating that the council was not waiving the confidentiality of its records.

She also asked for more time to prepare, saying the defense had received an 11-page summary based on at least 23 to 24 boxes of underlying documents only on Thursday.

Diokno countered that the defense had already been provided with the AMLC documents on Sept. 2.

He also said the impeachment court had already settled the confidentiality issue in a July 20 ruling, which, according to him, held that Section 8-A governs unauthorized disclosures by AMLC personnel but does not nullify the subpoena powers of the Senate sitting as an impeachment court.

“It does not, and constitutionally cannot, nullify the lawful subpoena powers of the Senate sitting as an impeachment court where compliance with the lawful constitutional subpoena is a justifying circumstance that, if at all, would extinguish any penal liability under Article 11, Paragraph 6 of the Revised Penal Code, for any person acting in obedience to an order issued by a superior or some other lawful purpose,” Diokno said.

“I believe I have said this before, that Section 8-A was only intended to prevent leaks by officers or employees of the Anti-Money Laundering Council. It was never intended as a blanket shield for any lawful subpoenas issued by a proper court,” he added.

Diokno said the defense was effectively raising an issue that had already been resolved by the impeachment court.

He also questioned why the court would have issued a subpoena for the AMLC records if the confidentiality provision were an absolute restriction.

“If the Court, as claimed by the defense counsel, recognized the absolute confidentiality, then why did it issue the subpoena in the first place?” Diokno said.

He added that AMLC officers had previously complied with subpoenas issued by the Sandiganbayan and argued that the Senate sitting as an impeachment court likewise had authority to require the production of the records.

Buenaventura is expected to testify about AMLC records involving financial transactions of Duterte and her husband, lawyer Manases Carpio. The prosecution is presenting the records in support of allegations involving unexplained wealth under the second impeachment article.

The records are expected to include bank transactions and other financial dealings covering several years, including the period when Duterte served as vice president.

Senator-Judge Risa Hontiveros likewise rejected an absolute interpretation of the AMLC confidentiality provision.

“Wala pong sinasabing absolute confidentiality na nagtatali sa kamay ng isang impeachment court sa usaping ito na tinatalakay natin sa ngayon,” Hontiveros said.

Senator-Judge Vicente “Tito” Sotto III expressed reservations about delaying the proceedings, noting that the issue had been known to the parties since July.

“I don’t think many would enjoy a postponement only because they were not given proper time. This was since July,” Sotto said.

Senator-Judge Panfilo “Ping” Lacson also urged the senator-judges to examine the Bank Secrecy Law, pointing out that it contains an exception for impeachment cases.

“It makes an exception for impeachment cases, and even the Supreme Court recognizes the statutory exception when it comes to impeachment cases,” Lacson said.

Presiding Officer Sen. Francis “Chiz” Escudero eventually granted the defense additional preparation time “out of courtesy and equity.”

“Out of courtesy and equity, the chair grants the time requested by the counsel for respondent for time to prepare for the cross-examination, rather, to prepare for the direct and cross-examination of the AMLC witness on Monday,” Escudero said.

Escudero postponed Buenaventura’s testimony to Monday and canceled Friday’s trial session. He said the senator-judges would review the relevant confidentiality provisions over the weekend and resolve the issue either during a caucus or in open session on Monday.

Diokno clarified that the postponement was requested by Duterte’s defense and not by the prosecution.

The impeachment trial will resume on Monday, Oct. 5, at 10 a.m., with Buenaventura expected to take the witness stand first. Representatives of subpoenaed banks and insurance companies are scheduled to follow, after which the prosecution is expected to present a Bureau of Internal Revenue witness.