00:00Binanggit niyo ho kanina yung relevance and if I recall it right last week, the good gentleman, Attorney Poe, made
00:08mention about the questions on confidentiality, sir, no?
00:13And this representation would like to better understand the legal basis of the defense position on confidentiality.
00:21We recognize that the law places a premium on protecting confidential information.
00:31At the same time, we are also dealing with a request made in the course of a constitutional proceeding before
00:40this impeachment court.
00:42At bilang mga senator judges, it's our constitutional duty to try and decide on impeachment cases.
00:52Mr. Defense Counsel, yung Section 8-A of the Anti-Money Laundering Act, binanggit niyo po ito last time, which
01:02prohibits the disclosure of confidential information.
01:06How should this apply to records sought through a sub-bina issued by the impeachment court?
01:15Because as I read, Your Honor, Section 8-A, it imposes confidentiality, but it does not expressly create an absolute
01:27privilege against the sub-bina.
01:30There is a distinction between an authorized disclosure and production pursuant to a lawful order of a constitutional body.
01:42So, again, my question, Your Honor, where exactly in Section 8-A does it say that AMLA, AMLC, may refuse
01:52a lawful sub-bina from this court, Your Honor?
01:56Thank you for that question, Your Honor.
01:58Unang-una, sagutin ko lang po yung pretense ng inyong tanong.
02:02Sabi nyo, this is a constitutional body, hindi po ba?
02:06And as we all know, there is an old legal maxim that the spring cannot rise over the source.
02:13Ibig sabihin po nun, while the impeachment court is a constitutional creation, it cannot go over and above the constitution
02:21itself.
02:22And when we talk about the impeachment court under Article 11, we cannot read that in isolation.
02:29We have to also give due regard for all other provisions of the constitution, specifically the Bill of Rights, kung
02:36saan?
02:36Due process ay isang bagay na nakatatak po doon at pinapakita doon, ano bang ibig sabihin ng due process?
02:44Due process is, kasama po sa kalakip ng due process, ang bawat na nasasakdal ay meron ding privilegiyo na maging
02:54ma-protect o ma-proteksyonan ng mga batas na isinagawa ng mismong Kongreso.
02:59So now, let's go on to Section 8A.
03:04As you can see, Your Honor, that is an, at least for our position, it's an absolute prohibition.
03:11Unlike other laws where they created, for example, in the Bank Secrecy Law, meron nakasulat doon, aaminin natin.
03:17In cases of impeachment, it's an exception.
03:19Tagdating po dyan, wala po ni isang exception.
03:22It could have been easy, especially since this is a 2021 amendment, no?
03:27It could have been easy for Congress to have cited impeachment as an exception if it did not, if it
03:34did actually wish to do so.
03:35But it did not, Your Honor.
03:37And it is our position that if we were to compel an issue of subpoena against these AMLOC records,
03:44we're actually compelling the officials to violate this very section of the law.
03:49And that is why we are saying, na pagdating sa 8A, absolute po yan.
03:54It does not say, no, that there's any exception if any court processes are actually issued to compel the production
04:01of these documents.
04:03Precisely because, ang nasa loob po kasi ng mga records ng AMLOC are intelligence, no?
04:08And that's why it's confidential.
04:10And once AMLOC determines that they find out that certain transactions are subject to money laundering
04:20or should be actually filed in court, the end result is the complaint itself and not the raw data.
04:25And that is why, Your Honors, as to the raw data or the information that they receive,
04:29yan po ay strictly confidential under 8A.
04:33And that's why, Your Honor, as to the raw data or the raw data or the raw data or the
04:43raw data or the raw data,
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