MANILA, Philippines — Senator-judge Panfilo “Ping” Lacson said Monday that money laundering transactions must be linked to an unlawful activity, or “predicate crime,” to be considered illegal, as the Senate impeachment court continued hearing allegations involving Vice President Sara Duterte’s financial transactions.
Lacson made the clarification after the prosecution repeatedly objected to the defense panel’s questions to Anti-Money Laundering Council (AMLC) Executive Director Ronel Buenaventura, saying some of the questions had already been answered.
“Money laundering activities must be tied to unlawful activities known as the predicate crime. If there’s no such tie, a transaction cannot be considered illegal,” Lacson said.
The issue arose during the defense’s cross-examination of Buenaventura, whose testimony and AMLC records are being used by the prosecution in support of Article II of the impeachment complaint, which covers allegations of unexplained wealth.
Senator-judge Kiko Pangilinan also expressed concern over repeated references by the defense to possible criminal liability arising from the disclosure of AMLC records during the impeachment proceedings.
“Maybe in the cross-examination, I don't know, the defense counsel will raise the issue of … the possible criminal liability of the senator-judges,” he said.
Pangilinan called the issue “uncalled for,” noting that the presiding officer had already ruled on the disclosure of the AMLC information.
“The Senate presiding officer has ruled. If the defense wishes to raise this issue, bring it to the Supreme Court perhaps,” Pangilinan said.
Senator-judge Risa Hontiveros, meanwhile, warned against creating a “chilling effect” on the media through direct or indirect threats over their coverage of the impeachment proceedings.
She said journalists should be free to report on the trial and inform the public about the proceedings through traditional and social media.
“We should ensure that no chilling effect is created, whether intentionally or unintentionally, among members of the Fourth Estate,” Hontiveros said.
Hontiveros said the public should be allowed to hear about the proceedings, discuss the issues and form their own opinions.
Senator-judge Raffy Tulfo also questioned the defense’s repeated challenge to the disclosure of AMLC information, noting that Presiding Officer Francis “Chiz” Escudero had already ruled that the information could be divulged before the impeachment court.
“I don’t see any reason why the defense keeps repeating this and is even intimidating the media. I mean, come on!” Tulfo said.
“Now Lito Lapid is afraid to speak. He was planning to ask a question. You scared Lito Lapid,” he added jokingly.
The dispute came as the defense sought more time to cross-examine Buenaventura, saying it had only begun questioning him shortly after 5 p.m. despite the prosecution spending most of the day on direct examination.
Defense lead counsel Sheila Sison said the defense deserved a “reasonable, prudent, and more fair” opportunity to examine the AMLC official.
“The prosecution took the entire day direct examining this witness, Your Honor! We have only examined this witness for an hour. We’re not asking for a long time!” Sison said.
“We’re not trying to delay this hearing. We cannot be rushed in cross-examining this witness, Your Honor,” she added.
Senator-judge Erwin Tulfo earlier asked whether the defense would be given roughly the same amount of time the prosecution had spent questioning Buenaventura.
Escudero said the court would give the defense ample time but would not allow unnecessary delays.
“We will not unduly shorten it but neither will we allow delays,” Escudero said.
He said the time spent on objections, arguments and rulings must also be considered in determining the length of the proceedings.
After about nine hours of proceedings, Escudero adjourned the trial following consultations with the senator-judges and in consideration of Buenaventura, who had earlier said he had not eaten lunch.
“For the record, I was informed that Atty. Ronel Buenaventura has been the longest-serving witness testifying before the impeachment court in the history of the impeachment court, and given that he has not had lunch even,” Escudero said.
“I know everybody is tired. So, we shall call it a day then,” he added.
The impeachment court will resume at 10 a.m. Tuesday, with the defense set to continue its cross-examination of Buenaventura.
