Defense: Evidence from bank documents leaked by 3rd-party source inadmissible

MANILA, Philippines—The defense panel said that all evidence obtained from the allegedly leaked bank account records of Chief Justice Renato Corona could be excluded if it was proven that they came from the Anti-Money Laundering Council (AMLC).

Lawyer Tranquil Salvador said that the prosecution was claiming they obtained the bank account records of Chief Justice Renato Corona in Philippine Savings Bank (PSBank) through a private source.

“If AMLC was involved (in the leaking of the document), then the prosecution’s claim will fall apart,” Salvador said in a press briefing after Monday’s proceedings.

The prosecution team has been put under questioning by the impeachment court because they had received the bank account document from anonymous sources—Oriental Mindoro Representative Reynaldo Umali from a “small lady” and Quezon City Representative Jorge Banal from somebody who had left it in front of his garage.

PSBank president Pascual Garcia and Katipunan branch manager Annabelle Tiongson had both earlier testified that the document was fake.

Garcia disclosed in his testimony during Monday’s hearing that they have been the subject of an audit by the Bangko Sentral ng Pilipinas (BSP) with a member of the AMLC in 2010, a year before the impeachment complaint was transmitted to the Senate.

“If you use the arm of the state in conducting searches and seizure, all evidence obtained will be excluded,” Salvador said.

He cited the “exclusionary rule,” which states that if the manner by which the document was obtained had violated the constitutional rights of an individual, it is inadmissible evidence. The same holds true for all other evidences obtained from the said document.

Senator Jinggoy Estrada expressed his view during the trial that it looked like an official from the AMLC had photocopied the document during the audit and then later on passed the document to the prosecution panel.