Impeachment court seeks balance between AMLC secrecy, public accountability

(Photo by Senate of the Phils.)

MANILA — The Senate impeachment court is considering how sensitive Anti-Money Laundering Council (AMLC) records will be presented in Vice President Sara Duterte’s impeachment trial while observing confidentiality requirements and avoiding further constitutional disputes.

Impeachment court spokesperson Regie Tongol said senator-judges are studying procedures that would balance the constitutional requirement of public accountability with confidentiality provisions under the Anti-Money Laundering Act.

Tongol said the court wants to prevent questions over the handling of the records from reaching the Supreme Court and causing further delays in the proceedings.

The issue is expected to be addressed when the trial resumes Monday, October 5, when AMLC Executive Director Ronel Buenaventura is scheduled to testify. The court deferred his testimony on Thursday after the defense requested additional time to examine summaries and supporting AMLC documents.

The prosecution and defense have differed over the extent to which AMLC confidentiality rules apply to the records. House prosecutor Chel Diokno has argued that the law’s confidentiality provision does not prevent compliance with a lawful subpoena issued by the impeachment court.

Tongol said the admissibility of the AMLC documents is no longer the main issue after presiding officer Francis “Chiz” Escudero earlier authorized the use of the records and the issuance of subpoenas covering financial information relevant to the trial.

Instead, senator-judges are considering how Buenaventura’s testimony and the documents should be presented, including whether certain information should be redacted or withheld from public display.

Holding an executive session has also been raised as an option, although Tongol said no final decision has been reached.

The impeachment court has also examined procedures used in previous impeachment trials involving sensitive financial records as it determines how to handle the AMLC evidence.

Tongol said the senator-judges may settle the procedure before Monday’s hearing or address the matter briefly in open court before Buenaventura takes the witness stand. The final approach will be determined by the impeachment court.

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