High Court to AMLC:

Explain Binay probe

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The Supreme Court (SC) has ordered the Anti-Money Laundering Council (AMLC) to explain its move to investigate the bank accounts of Vice President Jejomar Binay, members of his family and some of his lawyers and friends.

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An AMLC report has been the basis of an order issued by the Court of Appeals (CA) to freeze the bank deposits and investments of the Binay family.

In a one-page resolution signed and promulgated by the Clerk of Court, Enriqueta Vidal, the SC en banc ordered the AMLC to submit its comment in 10 days on a petition filed by the lawyers of the Vice President asking the High Court to stop the council from continuing its probe into he Binay family’s bank accounts.

Binay was represented by the Subido Pagente Certeza Mendoza and Binay (SPCMB) law office, which counts Makati City Rep. Mar-len Abigail Binay as a former partner.
The ruling was made without giving due course to the petition and its prayer for the issuance of a temporary restraining order.

Also named respondents were Bangko Sentral ng Pilipinas Governor Amando Tetangco Jr., Securities and Exchange Commission chief Teresita Herbosa and Insurance Commission head Emmanuel Dooc. The three are the current members of AMLC.

In a 44-page petition for certiorari and prohibition filed on March 11, the SPCMB law firm, representing Binay and one of his close allies and alleged dummy, trader Antonio Tiu, asked the tribunal to stop the AMLC from continuing with the examination of its bank accounts.

It urged the SC to declare as unconstitutional the Anti-Money Laundering Act, in so far as it allows the examination of bank accounts “in any way related to a money laundering offense” without giving notice to the respondents.

The law office said Section 11 of Republic Act (RA)  9160, or the Anti-Money Laundering Act of 2001, “does not specifically provide said right [to due process]” and “does not provide any remedy… to contest the application and subsequent issuance of an order granting application to examine bank accounts.”

It added that  its right to privacy and due process were violated by AMLC and the CA.
Binay’s legal camp used as basis of the petition The Manila Times story that AMLC is scrutinizing the bank accounts of the Vice President and persons close to him.

The SPCMB asked the SC to stop the AMLC from examining its bank accounts.

It also wants the council and the CA to refrain from “using, citing, divulging or in any manner invoking” any and all information already obtained pertaining to the law firm’s bank accounts, and declare “any and all information, data, records or transactions obtained through this unlawful examination… inadmissible in any and all proceedings.”

Tiu was accused as a dummy of the Binays after he claimed ownership of the so-called “Hacienda Binay” in Rosario, Batangas.

The law firm noted that the CA has junked its request for copies of the AMLC’s ex-parte Application for the Issuance of an Order Allowing Inquiry into or Examination of Bank Accounts, saying it is a confidential proceeding in the appellate court.

Last week, the CA ordered the freezing of 242 bank accounts, including those belonging to the Vice President, his wife Elenita and son, Makati City Mayor Jejomar “Junjun” Binay Jr.

Determined
The Vice President  said renewed attacks to discredit him had made him more determined to pursue his bid for the presidency.

In a statement issued from Cagayan de Oro City, he added that it would be risky to entrust the next government to those without experience.

“I sincerely believe that the issue in this coming elections, for the presidency particularly, is experience and competence. We have undergone and are still undergoing so many things that could not have been serious problems were it not for the fact that one does not have experience and competence,” Binay said.

At the same time, Rico Quicho, Binay’s spokesman on political concerns, said the leak of the one-sided AMLC report “is the start of the last-ditch effort to malign the Vice President.”

He added that the National Bureau of Investigation (NBI) and the Office of the Ombudsman will also join the conspiracy against the Binays.

“As we enter the survey season, we expect within the next few weeks the NBI and DOJ [Department of Justice] to resurrect the Rosario property issue despite clear statements and evidence showing Tiu’s company as its owner. We also expect the Ombudsman to press its obsession to suspend Mayor Binay despite the clear absence of factual and legal basis,” Quicho said.

The Vice President  said there is no need for him to issue a bank waiver since the AMLC has already looked into his bank deposits.

“My bank accounts have become public knowledge, but the conclusions made by the AMLC are wrong and baseless. The AMLC misled the Court of Appeals with the false and baseless conclusions,” he noted.

“The AMLC has already opened and frozen all my bank accounts and insurance policies, including those of my wife, son and several friends and associates.  This act was done even before a complaint filed against me has been resolved by the Ombudsman and decided with finality by the courts. Further, in violation of the AMLA law, this has been deliberately leaked to the media and widely publicized in all fanfare and screaming headlines,” Binay said.

He reiterated that he had other sources of income other than his government salary.
The Vice President  slammed the council for falsely claiming that the 237 accounts of other persons were his.

Quicho said the timing of the leak of the AMLC report and the release of the CA freeze order is highly suspect.

“It demonstrates a pattern of hurling exaggerated tales and lies against the Vice President in an attempt to pull his survey ratings down to benefit other presidential aspirants,” he added.

“These are all vain attempts to connect the Vice President to their make believe anomalies even if it directly tramples upon his and other people’s right to be afforded due process,” Quicho said.

“Regardless, the Vice President is steadfast to protect his rights under the rule of law and pursue actions to vindicate the wrong done so he can continue his fight to uplift the lives of our people,” he added.

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34 Comments

  1. SALVACION CAHAYAG on

    If Binay is clean, what is there to be afraid of. Face it and prove that you are clean.
    The benefit of the doubt is on you. Do not just reason out as merely politicizing.
    If there is smoke, there is fire. Filipinos wake up. Don’t allow yourself to be fooled.
    Think of your country and not the Binay Country. For after all, it is clear. The
    Binay anomalies are there. The Binay dynasty is there to take over the control of
    the government. While it is still early, think about it and vote for untainted and
    honest people.

    • isidro c. valencia on

      It is only the Court that decide if a person is guilty or not. We are ruled by law. WE have to respect our Constitution, particularly the principle of presumption of innocence. The Constitution says: “A person is presumed innocent unless proven guilty by a competent Court.

      You are not a Court who can declare Binay as corrupt or guilty or not. You cannot convict a person by mere posting or blogging. Not even Senate. The function of Senate is to make laws (to legislate) not to prosecute or judge a person if guilty or not .

      Let us make an analogy. Kung sabihin ba na ang tatay mo ay magnanakaw at ang nanay mo ay maraming lalake, papayag ka be ng walang ebidencya, siempre hinde.

    • Albert J. Lesaca on

      If there is smoke, there is fire? Or could it be that there are arsonists who want to burn down Binay’s chances of winning the coming elections, seeing that he is consistently the front-runner?

  2. Sinasabi ni Binay at ng abugado nya na hindi kanya ang 242 accounts na pina freeze ng AMLC maliban sa 5, so ganon pala e di gumawa na siya ng waiver para maimbistigan na lahat ng iyon at ng malinis ang pangalan nya, hindi ung puro
    cya depensa, Mr. Binay kung malinis ka gawin mo na tutal sabi mo hindi sayo yon e.
    GOD KNOWS.

  3. AMLC is doing its job and SC should focus on the merits of its expose. Are there sufficient grounds to justify investigating BINAYS and DUMMIES Inc. for pocketing taxpayers’ money? Why stop AMLC in discharging its duties to protect the interests of the common people? How ever AMLC initiated the investigation is after the fact! Look at the facts and move from there. Better still, abolish the bank secrecy law. It is designed for the selected privileged citizens who are above the law!

    • In fairness the AMLC should include all politician. Examine the bank account of all politician.

    • halata kasing may pulitika yan….bakit nilabas nila sa public wala pa nmn case isinampa tungkol sa mga bank accounts na iyan..halata talaga ang objectives nila ay paninira lng….ex;;;the ampatuan case nagfile sila attorny roque ng freeze order sa mga bank accounts ni Ampatuan..at itoy nae freezed..ang nangyari huminge sila ng kopya sa AMLAC sa mga bank accounts ni ampatuan kng ilan talaga meron sya….HINDI SILA binigyan ng AMLAC ng kopya kasi daw BAWAL..very confidential daw ang pag freeze ng bank account…may narinig ba kayo kng ilan lahat ang bank accounts ng mga Ampatuan???????may nag leaked b? may nabalita b sa T.V.??db wala?..bakit eto ky binay inilabas nila sa medya..so there is something fishy ..Bobo nlng ang hindi makahalata…these actions of AMLAC again VP Binay is under the supervision of the liberal party……dirty politics…very bias…..

  4. This LP political persecution of VP Binay, his family and friends made him more determined to pursue his bid for the presidency should be taken as a stern warning to all rumor-mongering trapoliticians allied with the yellow regime of Aquino and Mar Roxas.

  5. When a government uses its powers to jail criminals, that is good. When government uses its powers to try to destroy opponents while protecting allies, who have done far worse, that is bad. Government should be bringing charges and jailing every one has diverted money from the Treasury into private bank accounts. The federal government should be policing the federal government. Binay may or may not be guilty of graft. Drillon, Abad, are far worse and are national employees. We have a government following the rule of “protect our allies and destroy the opposition”. There is nothing about this government that is about making the PH grow.

  6. May Sariling Isip on

    Hinaharang na naman ng mga abugado ni Binay ang paglabas ng katotohanan. Kitang-kita na sa bank accounts ni Binay ang ninakaw na pera, kokontrahin pa ng mga abugado!

    • Dapat tayong mamulat sa takbo ng pulitika dito sa pilipinas. Grabe ang gobyerno ngayon ng mga dilaw, pag kalaban ka gagawin ang lahat pati illegal para sirain ka at tuluyang durugin. Dapat maging patas, pag kakampi kahit magnanakaw ok lang.

  7. Philip Bautista on

    In this AMLC issue, I am giving VP Binay still the benefit of doubt but he has to take initiative for Gerry Limlingan and Eboy Baloloy to come up with sworn statement explaining the nature of the millions of pesos individual transactions in their bank accounts.

  8. Lord Chimera on

    One glaring fact about the AMLC’s extra-legal tactics: they not using it against BSA’s friends and allies like Abad for example…and the head of the AMLC happens to be his daughter. That is why I don’t buy this whole thing since it is obviously a case of selective “justice”…

  9. Teddy sevilla on

    The cat is out of the bag. Binay, desperately, hopes to finger-plug the leaks in the dam. The more he does this the more the public gets curious. By shutting down all judicial avenues of inquiry into the source of his immense wealth does he actually hope to reverse the coming deluge? Well-meaning friends should advise him to stand tall and clean against his adversaries. Fight numbers with numbers, docs with docs, facts with facts. What is wrong with that?

  10. If people steal billions or even just millions of pesos where do they hide it. Do they hide it under their mattress or in banks. If its in banks then without looking at those bank accounts how will they ever know who is stealing this money. By having money in bank accounts if its all legal they have nothing to worry about as due paper work will prove its legal. However if it is illegal money there wont be paperwork to prove its leagal money. Im sure everyone wants this stealing of the peoples money to stop & if you cant check into these peoples bank accounts you will never know if they are stealing or not.
    Let the supreme court look at the evidence & if there is evidence i hope they say keep the freeze order & investigate these people to the full.
    Rememer always the innocent should never have nothing to fear, but dont do what corona did & give a 2 hour speech on how hard working & thrifty you are & have been & how hard ou saved all your life & not have a single shread of evidence to show where you legaly obtained P180,000,000. Its these corrupt people we want caught & jailed for the rest of their lives.

  11. albert claros on

    Obviously, most of the comments here are pro-Binay. What is AMLC Law for? If the authorities suspected individuals to be laundering money, then, it’s their right to investigate.

    • I Remember... on

      You are right, but as long as the authorities follow the rules of LAW… not the rules of stupid propaganda for image damage of a politician.

      It is simple to understand… but too many are too stupid to understand.

    • Kung walang tinatago bakit hindi pumirma ng waiver para malinis nya ang pangalan nya, like lacson did before di ba?

    • you are correct but AMLAC is not doing good..they should not exposed first the accounts of the respondents until the SC will decide on it…winalanghiya nila ang karapatan ng mga tao, indi pa nga sila proven guilty…ang ginawa nila binigyan nila ang mga tao ng prutas na may lason
      pra etoy kagatin nila… bahala na sila ano mn ang nmangyari sa kanila…ganito ka determinado ang mga yellow boys with mar mobsters to pin down there political enemy…..look at ABAD ,DRILON,senators,congressmen na kakampi nila sarap ng buhay wlang kaso..kahit mas halata at mas naona nating nalaman na corrupt dahil sa pdap at dap……3 lng kinasohan mga kalaban nila sa pulitika….very obvious this government are governed of abrupt personalities …….

  12. Ramon Escano on

    Only in the Phillipines that a corrupt binay cont explain his wealth run for President and his rating is still way up he is aleardy stealing money in Makati how much more if he will win he will steal more not Only in Makati but the country .but I won’t blame binay it is the whole people in the Philippines that I blame because most people still vote for him

    • The main issue that concerns the 100 million Filipinos is…..Where did BINAY got his millions of money in the bank….and where is Gerry Limlingan and Ebeng Baloloy? We are not concerned so much about lawyers arguing about legalities that ultimately shield and protect the crimes of their very rich clients.Binay must be made to explain his incredibly gargantuan bank deposits here and in Canada.

  13. This is a very dangerous Republic. If you are in the opposition, it is expected that the government will use its resources to malign any person who will run against them. However, we are still hopeful that we have the Supreme Court the last bastion of our justice system who cannot (hopefully) be intimidated by any person in authority.

    • Teddy sevilla on

      Repression of political enemies: This has always been the norm in the Philippines (and most other countries) since the time Filipinos have started electing their leaders. We have always lived with this. During the martial law days political contrarians lose their lives and possessions as a matter of course. For the political opposition the present scenario could not be more or less dangerous than what it is or has been. It is a present reality (but I hope not a future one).

      If Binay is elected president, this political reality will continue. His daughter has openly and candidly assured that.

  14. The people are eager to know if the charges against Vice President Binary, his family, and his associates as divulged by the AMLC are true because heir plans for the 2016 elections are involved. The Supreme Court can now prove its forthrightness in dealing with these cases because the people are expecting consequences for the guilty parties. Pete Albea

    • I agree. The BINAY family and his dummies-Limlingan and Ebeng Baloloy must account and justify these huge amount of bank transfers,deposits and withdrawals inside and outside the country. To hell with legalities and technicalities that ultimately protect the very rich but corrupt suspects like the BINAY family and his associates.

  15. Just surprised paano naging banner story ito. The Supreme Court’s order is ministerial, ginawa lang nia ito because it’s part of its mandate– to ask a party being sued to comment and send back a reply. Headline material sana ito if the Supreme Court gave due course to the petition o pinagbigyan ang hiling ng Binay camp na ilift ng AMLC ang freeze order sa mga bank accounts ni Binay at ng iba pa na suspected Binay dummies. At best, this would have been a one-column story, NOT A BANNER STORY.

  16. Only in the Philippines in which you can ask the court not to investigate your wrong doing an still have the guts to run for office.

  17. Migs Doromal on

    Granting that Jejomar Binay did steal during his long stint as mayor of Makati City. It still pales in comparison to the systematic plunder of hundreds of billions of taxpayers money orchestrated by the Liberal Plunderers (LP) headed no less by its autistic president BS Aquino.

    Grace Poe will not be any different from BS Aquino. Like the autistic president, Grace Poe will look the other way when her own partymates are the ones stealing taxpayers money. TRA-POE ka rin pala Grace Poe!

  18. I Remember... on

    “In a one-page resolution signed and promulgated by the Clerk of Court, Enriqueta Vidal, the SC en banc ordered the AMLC to submit its comment in 10 days on a petition filed by the lawyers of the Vice President asking the High Court to stop the council from continuing its probe into he Binay family’s bank accounts.”

    Interesting… not in the Inquirer…hahaha…. joke.