The Daily Tribune News - Binay counsel claims vindication in SC ruling

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Binay counsel claims vindica

TRIBUNAL: SPCMB RIGHT VIOLATED The
Supreme Court (SC) decis
Duterte renews call on govt
Written by Tribune Wires

Sunday, 08 January 2017 00:00

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TRIBUNAL: SPCMB RIGHT VIOLATED

The Supreme Court (SC) decision that upheld

Crushing the terrorist Abu Sayyaf Group (ASG)

is one of Pres
De Lima complains anew on Espi
Senator Leila de Lima raised a howl yesterday
after learning

Section 11 of Republic Act 9160, otherwise

Irish group tags RP as most da

known as the Anti-Money Laundering Act, as

By Joyce Ann L. RocamoraA human rights

group based in Dublin

constitutional also ruled that the constitutional

Ties with Russia show RP broad

right to due process of Subido Pagente Certeza

Mendoza & Binay (SPCMB) Law Offices was
violated.
The SC decision dated last December 6 but released only last Friday stated that SPCMBs

To say Russian forces are now protectors of

the Philippine
Declassified US intel backs ca
WASHINGTON The US intelligence
community yesterday release

rights were breached by the AMLC when the law firms bank accounts were examined
ex-parte (unilaterally) by the Anti-Money Laundering Council (AMLC) for allegedly being
related to former Vice President Jejomar Binay.

Leila says only Ombudsman has

Sen. Leila de Lima will not respond to any and
all charges f

That section of RA 9160 or An act defining the crime of money laundering, providing

CA turns down Juico plea seek

penalties therefore and for other purposes provided that ...the AMLC may inquire into or

Its now her turn to be prosecuted.The Court of

Appeals (CA)

examine any particular deposit or investment with any banking institution or non-bank
financial institution upon order of any competent court in cases of violation of this Act when it

Duterte trust, approval ratin

has been established that there is probable cause that the deposits or investments involved

Public approval and trust ratings for President

Rodrigo Dute

are in any way related to a money laundering offense.

Guardian: DU30s drug war out

Guided as we are by prior holdings, and bound as we are by the requirements for issuance

The Guardian, a British newspaper reported

that even the mo

of a bank inquiry orderunder Section 11 of the AMLA, we are hard pressed to declare that it
violates SPCMBs right to pnvacy, the SC said in its ruling.
The Supreme Court decision is a vindication on the part of the law firm. It also shows how
the previous administration blatantly trampled upon constitutional rights of private persons for
the sake of persecuting its political opponents, said Atty. Daniel Subido, partner of SPCMB
Law Offices.
While the SC affirmed the constitutionality of the Court stated that SPCMB was effectively
precluded and prevented of any recourse in questioning the ex-parte examination of its bank
accounts, the law firm said in a statement.
It added that the Court noted that we cannot overemphasize that SPCMB, as the owner of
the bank account which may be the subject of inquiry of the AMLC, ought to have a legal
remedy to question the validity and propriety of such an order by the appellate court under

2017-01-08 1:18 PM

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http://www.tribune.net.ph/headlines/binay-counsel-claims-vindication-...

Section 11 of the AMLA.

Moreover, given the scope of inquiry of the AMLC, reaching and including even related
accounts, which inquiry into specifies a proviso that: [t]he procedure for the ex-parte
application of the ex-parte court order for the principal account shall be the same with that of
the related accounts, SPCMB should be allowed to question the government intrusion.
Plainly, by implication, SPCMB can demonstrate the absence of probable cause, i.e., that it is
not a related account nor are its accounts materially linked to the principal account being
investigated, the ruling noted.
SPCMB said that as observed by the SC, if the AMLC can question the denial of its petition
for an ex-parte examination of a bank account, then SPCMB should also be given recourse
on how to proceed from what it perceived to be a violation of its rights as owner of the bank
account examined.
As a possible consequence of the violation of SPCMBs right to due process, the information
obtained through the account reverts to, and maintains its confidentiality. In short, any and all
information obtained therein by AMLC remains confidential, as if no examination or inquiry on
the bank account or investments was undertaken, the ruling stated.
AMLA provision upheld
The SC decision, otherwise, upheld AMLCs power to inquire into a bank deposit without the
consent or knowledge of its owner provided under the AMLA.
The constitutionality of that provision of the law was challenged by SPCMB.
The law firm said it had not been impleaded in any complaint involving any predicate crime
that would justify an inquiry into its bank accounts.
It also maintained that the provision violated its right to privacy, right to due process, and the
attorney-client privilege.
The SC ruling stated that the provision does not violate substantive due process, there
being no physical seizure of property involved when AMLC launched its probe.
It is the preliminary and actual seizure of the bank deposits or investments in question which
brings these within reach of the judicial process, specifically a determination that the seizure
violated due process, the SC said.
SPCMB under the ruling was allowed to challenge the AMLCs compliance with requirements
for issuance of the bank inquiry order given that such has implications on its property rights.
Under an ex-parte inquiry, the petition for authority to inquire must contain the name and
address of the respondent; the grounds relied upon for the issuance of the order of inquiry;
and the supporting evidence that the subject bank deposit are in any way related to or
involved in an unlawful activity.
SPCMB as the owner of one of the bank accounts reported to be investigated by the AMLC
for probable money laundering offenses should be allowed to pursue remedies therefrom
where there are legal implications on the inquiry into its accounts as a law firm, the decision
stated.
While we do not lapse into conjecture and cannot take up the lance for SPCMB on probable
violation of the attorney-client privilege based on pure speculation, the extent of information
obtained by the AMLC concerning the clients of SPCMB has not been fully drawn and
sufficiently demonstrated, it added.
On the issue of privacy, the SC said any and all information obtained by AMLC remains
confidential, as if no examination or inquiry on the bank account or investments was
undertaken.
The SPCMB petition was related to the Senate probe on the alleged involvement of the
former vice-president and his son, former Makati mayor Jejomar Erwin Junjun S. Binay, in
the allegedly overpriced P2.7 billion Makati City Hall 2 building, which the Binay family called
political persecution or harassment.

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THE SUPREME COURT IS THE LAWYERS PROTECTOR FROM ITS GRAFT CASES.
GREGORIO SORIANO

Saturday, 07 January 2017 22:21

Comment Link

The corruption of BS Aquino and his AMLC puppets is again exposed. Thanks to the
Supreme Court!
Imelda Barin

Saturday, 07 January 2017 20:40

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