Jinggoy conduit’s bid to stop subpoena on bank accounts denied

The Sandiganbayan Fifth Division denied the bid of the alleged conduit of Senator Jinggoy Estrada to stop the subpoena on his

bank account alleged to have been used to stash away purported kickbacks for Estrada in the pork barrel scam.

In a resolution, the antigraft court Fifth Division junked Juan Ng’s motion for leave to quash the subpoena issued on his

bank account in China Banking Corporation-Corinthian Hills for the purposes of Estrada’s bail hearing from plunder.

In his motion, Ng sought to drop the subpoena because he had not given any consent to the bank to divulge any information

of his bank account.

Ng also said his accounts are protected under the bank secrecy law or Republic Act 1405.

The Office of the Special Prosecutors countered Ng’s motion, saying he cannot be protected by bank secrecy laws because his

account had been suspected as a conduit or pass-through account “in the furtherance of Senator Estrada’s accumulation and

acquisition of ill-gotten wealth,” which is part of the findings of the Anti-Money Laundering Council bank inquiry report.

The prosecutors said Ng’s bank accounts are exempted from bank secrecy because these are subject of litigation.

In its resolution, the court noted the prosecution’s comment and said Ng cannot be covered by bank secrecy because the money

invested is subject matter of litigation.

The court said though Ng had contended that he has not given any consent to divulge his account details, the amendment to the

bank secrecy law under Republic Act 10167 rendered this protection inconsequential.

The court said that under the amendment, the AMLC may still inquire into a bank account even without the consent of the account

holder “if there is probable cause that it is related to an unlawful activity.”

“The exception applicable to this case should only override Juan Ng’s claim to his right to privacy, the same not being

likewise absolute. In view thereof, the motion for leave to quash subpoena filed by Juan Ng is denied for lack of merit,” the

court said.

According to the AMLC bank inquiry report, Ng, a businessman in San Juan which is a known turf of the Estradas, was used to hide

millions of alleged commissions for Estrada from the Janet Lim-Napoles pork barrel scam.

The AMLC said Ng transferred P57.036 million in 84 checks to the bank accounts of Senator Estrada.

In what is perhaps the closest link between Estrada and Napoles, the report showed that around P10 million was debited in the

account of Napoles foundation Social Development Program for Farmers Foundation, Inc. (SDPFFI) for a cashier’s check issued

for Ng on April 13, 2010.

Ng then deposited the same checks on April 15, 2010, in his Chinabank account. On the same day, Ng’s Chinabank account

incurred a debit of P10 million for a check payable to cash. This same check was issued for the PBCom account under Estrada’s

name.

“In this instance, it is clear that the P10 million received by Ng from SDPFFI is for Senator Estrada, and Juan Ng was just a

conduit and his account was a pass thru account,” the AMLC said.

The AMLC also showed that Estrada’s wealth in bank deposits differ significantly from his declared wealth. Estrada’s cash in

bank from 2005 to 2012 amounted to P299.2 million, compared to what was declared in his Statement of Assets and Liabilities

Networth at P238.6 million.

Estrada faces plunder and graft for his alleged involvement in earning kickbacks his Priority Development Assistance Funds

through his alleged dealings with Napoles, whose foundations implemented pork barrel projects that turned out to be non-

existent. He is detained at the Philippine National Police Custodial Center with co-accused, his colleague Ramon Revilla Jr. AU