Attention:
Ms. Alexandra Prieto-Romualdez
President
Atty. Raul C. Pangalangan
Publisher
Ms. Letty Jimenez-Magsanoc
Editor-in-Chief
Ms. Nancy Carvajal
Reporter
Subject:
Breach of Confidentiality under the Anti-Money Laundering Act of 2001, as amended
Gentlemen:
It has come to our attention that you will publish a story on the supposed Order purportedly issued by the Court of Appeals upon the petition filed by the Anti-Money Laundering Council (AMLC) freezing the bank accounts of our client, Vice President Jejomar C. Binay, and other individuals allegedly connected to the latter.
Please note that under the Anti-Money Laundering Act of 2001, as amended, the duty of confidentiality as contemplated under Section 9 thereof applies also to the media. In this regard, Section 14 (d) of the Anti-Money Laundering Act of 2001 (as amended by Republic Act No. 9194) expressly provides “that in the case of a breach of confidentiality that is published or reported by media, the responsible reporter, writer, president, publisher, manager and editor-in-chief shall also be criminally liable under the Act.” Moreover, Section 49, Title VII of the Rules of Procedure in Cases of Civil Forfeiture, Asset Preservation, and Freezing of Monetary Instrument, Property or Proceeds Representing, Involving, or Relating to an Unlawful Activity or Money Laundering Offense under Republic Act No. 9160, as amended, also provides that “[n]o person including Court personnel shall disclose or divulge or communicate to anyone directly or indirectly in any manner or by any means the fact of the filing of the petition for freeze order, its contents and its entry in the logbook except those authorized by the Court.”
In the light of the above, we wish to state for the record that we will prosecute to the fullest extent of the law any party who will otherwise publish a report and/or comment on the report of the AMLC and the Order of the Court of Appeals which was issued in relation thereto.
Please be guided accordingly.
For the Firm:
Claro F. Certeza