Garcia’s promise to issue bank secrecy waiver a ‘bluff’ – Marcoleta

FILE PHOTO: Commission on Elections Chairman George Erwin Garcia. | PHOTO: Official Facebook page of COMELEC

MANILA, Philippines — Sagip party-list Rep. Rodante Marcoleta on Monday claimed that Commission on Elections (Comelec) Chairman George Garcia’s promise to issue a bank secrecy waiver is a “bluff” as Philippine authorities cannot meddle in his offshore accounts.

Garcia earlier said he would cooperate with possible investigations after Marcoleta said that a Comelec official allegedly received P1 billion from 49 different offshore accounts, including banks in South Korea, where automated election systems (AES) provider Miru Systems Co. is based.

However, Marcoleta said under the Bank Secrecy Act, “a valid waiver only applies to banks operating in the Philippines. In the case of offshore bank accounts, a court order is required to compel a foreign jurisdiction to look into suspicious transactions.”

“That being the case, any inquiry or investigation into these reported accounts in foreign banks that are beyond Philippine jurisdiction, or any transaction made in regard to such accounts, must require the involvement of their foreign governments, and shall be subject to the respective bank secrecy laws of such foreign jurisdictions,” he explained.

Marcoleta also pointed out that even if Garcia issues a bank secrecy waiver, the Anti-Money Laundering Council (AMLC), the National Bureau of Investigation (NBI), and the Office of the Ombudsman are not allowed to check banks within foreign jurisdictions.

“Even R.A. No. 9160, or the Anti-Money Laundering Act, limits the power of the AMLC to merely making a request to any foreign state for assistance, and subject still to limitations that the laws of foreign states may impose,” he said.

INQUIRER.net has messaged Garcia for his response to Marcoleta’s latest accusations, but he has not replied as of posting time.

During a briefing last July 9, Marcoleta said fund transfers to the Comelec official’s alleged offshore accounts coincided with significant developments in the poll body’s AES procurement process.

Among the examples cited by Marcoleta was a money transfer allegedly done on June 22, 2023. A certain Stephen Schultz allegedly transferred $148,000 from Standard Chartered Bank Jong Ro Main Branch in South Korea to Standard Chartered Bank in Singapore.

According to Marcoleta, it happened after the Comelec declared the old vote counting machines (VCMs) unserviceable.

READ: P1B moved from foreign banks to poll exec’s offshore accounts – Marcoleta

Marcoleta did not name the Comelec official but Garcia, in a subsequent press briefing, said he was the one being alluded to. The Comelec chief also said the claims are nothing but a demolition job against him and the poll body.

READ: Garcia to NBI: Probe bribery raps, ‘it’s a demolition job vs Comelec’

Marcoleta welcomed Garcia’s assurance that he would cooperate with the possible investigation into the issue.

The lawmaker also said he would file a resolution seeking a probe into the matter. This resolution, however, will have to be tackled by the House Committee on Rules first, once the session resumes on July 22.

“This will make it easier for Congress to investigate the alleged bribery of an unnamed Comelec official concerning the contract with Miru,” he said.

“Garcia’s claim is a diversion, a red herring to say the least. Why would anyone even attempt to demolish a constitutional body?” he added.

Several lawmakers and political parties have expressed concerns over Comelec’s alleged preference for Miru Systems Co., which bagged the contract for the Full Automation System with Transparency Audit/Count (Fastrac).

The deal includes the supply of 110,000 automated counting machines, election management systems, consolidation and canvassing systems, ballot printing, ballot boxes, and other peripherals.

READ: Comelec, Miru ink P17.99 B pact for automated 2025 polls

Last April 18, Aksyon Demokratiko member and former Caloocan City lawmaker Edgar Erice asked the Supreme Court to stop Comelec from implementing its P17.9-billion contract with Miru.

According to Erice, the contract violates the Automated Election Law because Miru would be trying a hybrid system which was supposedly never been done in another country.

READ: SC asked to stop Comelec – Miru deal for 2025 polls

Despite the controversy on the AES procurement, Miru has assured the public that it remains committed to providing clean and honest elections. The company said they are focused on delivering the best AES to the Philippines.