Maneses “Mans” Carpio, husband of Vice President Sara Duterte, has filed a criminal complaint against officials of the Bangko Sentral ng Pilipinas (BSP), Anti-Money Laundering Council (AMLC), and House Committee on Justice for allegedly violating the Anti-Money Laundering Act, Bank Secrecy Law, and Data Privacy Act. But can a provision of the Anti-Graft and Corrupt Practices Act prove him wrong?
The complaint follows a House hearing on April 22, in which the AMLC revealed that banks had flagged P6.7 billion worth of transactions in Carpio and Duterte’s accounts as “suspicious.” According to Carpio’s legal counsel, Atty. Peter Paul Danao, the AMLC should have acquired a court order or the depositor’s consent.
The Bank Secrecy Law protects the confidentiality of bank deposits. But it also allows the examination of deposits upon written permission or consent in writing by the depositor, in cases of impeachment of a public official, upon a court order, or in instances where the money deposited or invested is the subject matter of the litigation.
Additionally, according to the Anti-Money Laundering Act, the AMLC may inquire into bank transactions “upon order of any competent court […] when it has been established that there is probable cause that the deposits or investments involved are in any way related to a money laundering offense.”
Danao also asserted that while a subpoena was ordered on Duterte’s bank records, Carpio’s records should not have been disclosed to the public, as he is a private citizen.
But according to the BSP, under the Anti-Graft and Corrupt Practices Act, the bank deposits of a public official, their spouse, and unmarried children may be “taken into consideration in the enforcement of the dismissal or removal of the said public official due to unexplained wealth.”
The case only concerns Carpio, who is listed as the sole complainant, and does not include Duterte. Respondents to the complaint include BSP Governor and AMLC Chairperson Eli Remolona Jr., AMLC Executive Director Ronel Buenaventura, House Justice Committee Chairperson Cong. Gerville Luistro, and Congressmen Percival “Perci” Cendaña, Jose Manuel “Chel” Diokno, and Leila de Lima.
