MANILA, Philippines—Senator Jose “Jinggoy” Estrada has asked the Sandiganbayan to subpoena the bank records of whistleblowers in the pork barrel scam.
But state prosecutors opposed the move, saying the detained lawmaker is on a “fishing expedition” to discredit the witnesses.
In a request for the issuance of a subpoena filed before the anti-graft court’s fifth division, Estrada asked the court to compel the Anti-Money Laundering Council (ALMC) to bring the bank records of principal whistleblower Benhur Luy, and other witnesses Marina Sula, Marina Sula, Merlina Sunas, Gertrudes Luy, and Mary Arlene Baltazar.
Estrada’s camp wants to subpoena the bank records, which include “any and all documents relating to the inquiry, examination, or investigation of any and all deposits, investments, and related accounts with any and all banking institutions, non-bank financial institutions, and other covered institutions, non-bank financial institutions, and other covered institutions, and other monetary instruments and properties…”
Sen. Jinggoy Estrada. POOL PHOTO (file)
Estrada in the motion also said representatives from AMLC should personally appear before the division’s Clerk of Court on November 17 to present the documents.
But the prosecutors opposed the request, saying Estrada did not even specify the types of documents pertaining to the witnesses’ bank accounts, making it obvious that he is on a “fishing expedition.”
“The request is so broad in nature as would require the AMLC to produce voluminous documents and records containing information that may have neither value or relevance…” the opposition read.
The panel also said under the law, bank deposits are protected under a confidentiality clause unless the account holders are respondents of litigation.
“The subject matter of this case is the ill-gotten wealth in the amount of P183.79 million accumulated, amassed or acquired by Estrada either by himself or in connivance with other persons … It is not the transaction, money, deposits, or investments of (witnesses) which are the subject matter of the proceedings…” the opposition read.
The prosecutors added that Estrada’s camp failed to show the relevance or materiality of the documents.
Estrada faces plunder and graft charges for his alleged involvement in the pork barrel scam, the purported diversion of senators’ Priority Development Assistance Funds (PDAF) to ghost projects for kickbacks. He is detained at the Philippine National Police Custodial Center with fellow co-accused Senator Ramon Revilla Jr. Meanwhile, Senator Juan Ponce Enrile is in hospital detention for plunder.