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Lawmakers Criticize Carpio Complaint as Baseless and Distracting

Manila: Lawmakers on Monday dismissed the complaint filed by Vice President Sara Duterte's husband, Atty. Manases Carpio, as 'just a distraction' and only worsened their position for not answering the central issue in the impeachment proceedings: unexplained wealth that may constitute a betrayal of public trust. Members of the House of Representatives reacted after Carpio filed a complaint against officials of the Anti-Money Laundering Council (AMLC), the Bangko Sentral ng Pilipinas (BSP), and some lawmakers for alleged violations of the Republic Act (RA) 1405 or Bank Secrecy Law, the Data Privacy Act (RA 10173), and the AML Act (RA 9160).

According to Philippines News Agency, during last week's House impeachment proceedings against the Vice President, the AMLC reported that the Carpio couple's bank transactions reached PHP6.77 billion. The AMLC data submitted to the House Committee on Justice reflects PHP4.43 billion in inflows; PHP1.55 billion in outflows; PHP791.1 million in undetermined transactions - or a net inflow of PHP2.88 billion.

In a statement, House Committee on Public Accounts Chair Terry Ridon pointed out that the complaint does not deny the existence, scale, or magnitude of the AMLC-flagged PHP6.77 billion in covered and suspicious transactions. 'Pampagulo lang ito. Hindi nito sinasagot ang pangunahing tanong, saan nanggaling ang bilyon (This is just a distraction. It does not answer the main issue of where the billions came from),' he said. 'Ang kinukwestyon nila ay kung paano ito nalaman, hindi kung totoo ito (They questioned how this was discovered, not if it is true),' he noted. Ridon said this omission only worsens their position. 'Kapag hindi mo dine-deny ang bilyon, mas lalo nitong pinapalala ang kaso (If you did not deny the billions, the case against you only worsens),' he added.

Ridon also stressed that the complaint lacks legal basis, as the disclosures were made in the course of a valid impeachment inquiry, during which the House of Representatives is constitutionally empowered to compel the production of evidence. 'Hindi puwedeng gamitin ang confidentiality laws para takasan ang pananagutan (One cannot hide behind confidentiality laws to evade accountability),' he said. He explained that claims of violations of the Anti-Money Laundering Act, the Bank Secrecy Law, and the Data Privacy Act are misplaced. 'These laws do not shield public officials from constitutional accountability, especially where the issue is possible unexplained wealth,' Ridon said. He added that AMLC disclosures do not constitute a prohibited bank inquiry under the RA 1405, as the council operates under a separate legal mandate to receive, analyze, and report covered and suspicious transactions.

Meanwhile, House Committee on Good Government and Public Accountability Chair Joel Chua of Manila said Carpio's complaint is diversionary and apparently intended to hide the fact that Duterte and her husband allegedly had PHP6.7 billion in bank transactions. He pointed out that Carpio has also not commented on the accusation of former Sen. Antonio Trillanes IV that the Vice President's husband was allegedly involved in the smuggling of illegal drugs contained in magnetic lifters. 'Kaya nga po itong lahat na ito ay maliwanag na para lamang lihisin ang totoong isyu at ang totoong isyu ay mayroon pong pumasok ng PHP6.7 billion sa kanilang bank account ng mag-asawa at hanggang ngayon hindi pa nila ipinapaliwanag at itinatanggi (That's why all of these are clearly meant to divert from the real issue that PHP6.7 billion passed through the couple's bank account, that they haven't explained or denied until now),' the Manila lawmaker stressed.

In the same radio interview, Chua also asserted that members of the House Committee on Justice and their witnesses enjoy immunity from prosecution as provided for in the Constitution. 'Alam naman po ni Atty. Manases Carpio at mga abogado na ang mga miyembro ng Kamara may immunity from suit lalong-lalo kung ang kanilang ginagawa ay nasa committee level o sa plenaryo.Ito po ay nakapaloob sa ating Saligang Batas. Kaya maliwanag na maliwanag na kami ay hindi pwedeng kasuhan base sa nasabing probisyon ng Saligang Batas (Carpio and other lawyers know that House members have immunity from suit especially when what they are doing are at the committee level or in plenary. This is contained in our Constitution. So, it's very clear that we cannot be sued based on the provisions of the Constitution)' he said.

Chua likewise said the panel did not violate the Bank Secretary Law and AMLA. He tried to differentiate 'bank records' from the AMLC report on 'covered' and 'suspicious' transactions, which banks are required to inform the AMLC. 'Maliwanag sa Bank Secrecy Law na ang bangko bawal maglabas ng data nila kung maliban na lamang tuwing impeachment proceeding.Ito pong nilalabas namin ay hindi bank account. Ang inilabas dito ay report ng AMLC, mga covered transactions at saka mga suspicious transactions (It is clear in the Bank Secrecy Law that banks are not allowed to disclose data except during impeachment proceedings. What was disclosed is not a bank account, but a report from the AMLC on covered and suspicious transactions),' he said. 'So maliwanag na wala pong paglabag. At dito sa AMLC ito ay bunga ng subpoena duces tecum na inilabas ng Kongreso. So maliwanag po na wala talagang batas na nilalabag dito (There is clearly no violation. The AMLC disclosure is based on the subpoena duces tecum issued by Congress. Cl early, no law was violated here),' Chua added.