MANILA— House prosecutors are confident the Senate impeachment court will allow Anti-Money Laundering Council (AMLC) records to be presented in the impeachment trial of Vice President Sara Z. Duterte, clearing the way for AMLC Secretariat Executive Director Ronel Buenaventura to testify Monday.

Buenaventura is expected to testify on financial transactions involving Duterte, her husband, lawyer Manases Carpio, and businesses in which they have financial interests.

House prosecutor Bicol Saro Party-list Rep. Terry Ridon argued that confidentiality rules covering AMLC records do not constitute an absolute prohibition on their disclosure, noting that the council provides financial information to the Court of Appeals when seeking asset-freezing orders.

“Kung absolute po ’yung confidentiality, hindi sila pwedeng magbigay ng impormasyon sa korte para makapag-freeze po ng assets, hindi ba?” Ridon said at the Saturday News Forum in Quezon City.

“So in a similar situation, bakit hindi pwedeng makapagbigay ng impormasyon ang AMLC sa Senate impeachment court na hindi ho nag-derive ng kapangyarihan mula sa judiciary kundi mismong may sarili pong provision sa ilalim po ng 1987 Constitution?” he added.

Ridon also cited provisions allowing the AMLC to exchange information with other government offices.

Prosecution legal spokesperson and counsel Benjamin “Jay” Tolosa Jr. likewise noted that the AMLC may share information with its foreign counterparts.

According to Tolosa, the Senate impeachment court had already allowed subpoenas for AMLC records after determining that no absolute legal prohibition prevented it from compelling the production of the documents.

“At ang reason nga doon, with respect to AMLC records, wala namang absolute prohibition under the applicable laws that could prevent the impeachment court from issuing subpoena to compel the presentation of these documents,” Tolosa said.

The defense had raised confidentiality concerns over AMLC records involving covered and suspicious transactions.

Tolosa said the restriction applies to unauthorized disclosure by AMLC personnel and does not constitute an absolute prohibition against releasing information through lawful processes.

The prosecution expects the defense to renew its objections when Buenaventura takes the witness stand and when the AMLC records are formally offered as evidence. Tolosa, however, stressed that the final decision rests with the impeachment court.

Buenaventura’s testimony, originally scheduled for last Thursday, was postponed after the defense requested additional time to examine the voluminous AMLC records and summaries.

Ridon said the additional time should have given the defense enough opportunity to review the documents and prepare for cross-examination following the prosecution’s direct examination of Buenaventura.

“I don’t think there is any reason on Monday para hindi po magtuloy ’yun pong AMLC witness,” he said.

“So we will leave it to the Senate impeachment court to decide on that day, but I think there’s absolutely every reason for the AMLC executive director to take the [witness] stand,” he added.

Ridon also invoked the Bank Secrecy Law, which provides an exception for impeachment cases, as well as Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act, in arguing that the financial records should be presented.

He said a possible conflict of interest involving Duterte’s declared business interests could constitute a predicate offense relevant to the AMLC inquiry.

The records expected to be discussed include covered and suspicious transactions, inward remittances, and insurance- and investment-related transactions involving Duterte, Carpio and their business interests.

The documents form part of the prosecution’s evidence under Article II of the impeachment complaint, which accuses Duterte of amassing unexplained wealth, failing to fully and truthfully disclose the assets, liabilities and net worth of herself and her spouse, and maintaining business interests while serving as vice president.

Buenaventura had previously testified before the House Committee on Justice. Ridon said his appearance before the Senate impeachment court could yield information that was not presented during the House proceedings.

“Pero sa Lunes, tingnan po natin. Baka may mga bagong detalye, labas pa doon po sa mga naisalang po sa House Committee on Justice proceedings,” Ridon said.

Following the AMLC testimony, prosecutors are expected to present witnesses from banks and insurance companies, as well as the Bureau of Internal Revenue, as they seek to establish what Ridon described as the “most complete picture” of the couple’s finances.