Anti-Money Laundering Council (AMLC) Metrobank Divison Head Atty. Niña Aguilar takes over the witness stand during the impeachment trial of Vice President Sara Duterte on Wednesday, Oct. 7.
Aguilar testified that she has access to all the records of bank accounts that are covered by the subpoena.
According to her testimony, there are six Metrobank accounts named under Vice President Sara Duterte and her husband Atty. Manases Carpio, including those opened for their children who happen to be minors. Three of the six accounts are active.
Senator-judge Risa Hontiveros later asked Aguilar whether the AMLC division would immediately report suspicious transaction reports (STR) based on negative media, to which Aguilar said the division would "generally file" the report if the identified customer is subject to negative media, and conduct further review on their transactions. (Video courtesy of Senate of the Philippines)
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Aguilar testified that she has access to all the records of bank accounts that are covered by the subpoena.
According to her testimony, there are six Metrobank accounts named under Vice President Sara Duterte and her husband Atty. Manases Carpio, including those opened for their children who happen to be minors. Three of the six accounts are active.
Senator-judge Risa Hontiveros later asked Aguilar whether the AMLC division would immediately report suspicious transaction reports (STR) based on negative media, to which Aguilar said the division would "generally file" the report if the identified customer is subject to negative media, and conduct further review on their transactions. (Video courtesy of Senate of the Philippines)
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NewsTranscript
00:00Ma'am kindly raise your right hand.
00:03You, Nina Ferren Aguilar, do swear that the evidence you shall give in the case now pending between the Philippines
00:09and Vice President Sarah Zimmerman Duterte shall be the truth, the whole truth, and nothing but the truth.
00:14So, help me God.
00:16Yes, I do.
00:18Kindly sit down.
00:20Attorney Aguilar, how shall we refer to you? Nina?
00:24Nina, po.
00:29Yes, Your Honor.
00:34Thank you, Your Honor.
00:35Your witness, Attorney James, but is the offer the same?
00:39Same offer, Your Honor, for the record.
00:41Attorney Justin?
00:43Same objections, Your Honor, and same comments.
00:46Julie noted, you may proceed with your direct, Attorney James.
00:49Thank you, Your Honor.
00:50Madam Witness, Attorney Nina, good morning, po.
00:53Good morning, po.
00:54Ma'am, for the record, what is your full name and your designation in the bank that you're representing in?
01:01I am Nina Ferren Aguilar. I am the Head of Anti-Money Laundering Division of Metro Bank.
01:09Sorry, Head of Anti-Money Laundering Division?
01:12No.
01:12Yes, sir.
01:13And as Head of Anti-Money Laundering Division, what are your primary functions and responsibilities?
01:21I oversee the bank's compliance to the Anti-Money Laundering Act, including its implementing rules and regulations, sir.
01:28Okay.
01:30Madam Witness, you caught my attention because you are the Head of Anti-Money Laundering Division.
01:35So far, those that are presented here are either the branch manager or the operations.
01:42May I know why you were sent as the representative of Metrobank?
01:48As the Head of Anti-Money Laundering Division, sir, I have access to all the records for the accounts subject
01:55of the subpoena.
01:57Okay.
01:58And how long have you been the Head of the Anti-Money Laundering Division?
02:03Over a year already, sir.
02:05All right.
02:05So what you mentioned a while ago is that the accounts subject of the subpoena is under your division, the
02:13Anti-Money Laundering Division.
02:14Is that right?
02:15Our division has access to the records of the account.
02:18Okay.
02:18Yeah, that's fair.
02:19Sige po.
02:19Madam Witness, I'll be asking some questions on the bank accounts of the Vice President and or his husband and
02:31including perhaps their kids.
02:32But in order to not name the kids, you can just say Mr. A, Mr. B. I guess we can
02:39take notice that these are bank accounts in the name of the kids
02:43because we also do not want to put their names out in the public. Is that fine?
02:48It's fine, sir.
02:50Thank you po.
02:51Sige po.
02:51Based po sa records nyo sa Metrobank, ilan po yung bank accounts ng ating Vice President, ng kanyang asawa,
03:00at ng kanyang mga anak kung meron man.
03:03Can I confirm with my record?
03:05You may refer to your notes.
03:06Thank you, sir.
03:07To clarify, Attorney Nina, sorry I'm not familiar, only children below 18, if any, because that's what's included only in
03:16the salad.
03:17Would that be correct, Attorney James?
03:19I confirm that, Your Honor.
03:20Attorney James, Attorney Justin, that would be more accurate, right?
03:23That would be correct, Your Honor.
03:25Any account of a child above 18 should be excluded already?
03:31Yes, Your Honor. I think that is under the salad rules and the law.
03:34Exactly.
03:35You may proceed, Attorney Nina.
03:37All right.
03:38Thank you, Your Honor.
03:39For the current and savings account, combine Vice President Sarah and Man Scarpio's account.
03:47There are six bank accounts under those individuals, including the accounts open for their children.
03:58All right. Six. How many are active, if you know?
04:03Three, sir.
04:05Three. And can you give the last digits of those three active bank accounts?
04:11The first one is ending 3876.
04:17All right.
04:18The second one is ending in 2445.
04:23All right.
04:24And the last one is ending in 5263.
04:305263.
04:30Okay. So allow me to ask questions on those three active accounts.
04:34Let's start with the last digit or the account ending 3876.
04:41But for the record, under whose name is this account?
04:45This is a joint account of Attorney Manassas Reyes-Carpio or Vice President Sarah Zimmerman Duterte.
04:57All right.
04:58How about for the bank account ending with digits 5293?
05:06Under whose account or under whose name is this, if you are at liberty to say?
05:13It's, just to clarify, sir, it's 5263.
05:175263.
05:18This account is under the name of one of the children.
05:22All right. That's fine.
05:23How about the account with last digits 2445?
05:29Under whose name is this?
05:31This is under the Vice President Sarah Zimmerman Duterte's name.
05:36All right. Sige. Let's now go to the ending balance, Madam Witness.
05:41For account number 3876, under the name of Attorney Carpio and her wife, Vice President Sarah Zimmerman Duterte, what is
05:54the ending balance for the year 2022?
05:56Based on our record, sir, the ending balance as of 2022 is 2,278,832.33.
06:10Okay. How about for the account with last digits 2445 under the name of the Vice President Sarah Zimmerman Duterte?
06:22What is the ending balance?
06:25As of 2022?
06:27As of 2022, it's 85,556 pesos and 33 centavos.
06:33What year is that? 2020?
06:352022, sir.
06:36How about for the last, the account with last digits 5263 under the name of one of their children? What
06:45is the ending balance for 2022?
06:542022?
06:55For 2022, under the account ending in 5263, for 2022, the ending balance is 1,184,168 pesos and 2
07:08centavos.
07:09All right. Let's go to 2023, Madam Witness. Again, start with the account with last digits 3876 under the name
07:18of the Vice President Sarah Duterte and her husband, Attorney Carpio. What is the ending balance for 2023?
07:28For 3876, sir.
07:30Sorry? Can you say it in thousands or millions?
07:34So, this is for the account 3876?
07:373876, yes.
07:38For 2023, it's 2,436,156 pesos and 69 centavos.
07:47Okay. For the last digits 244, bank account with last digits 2445 under the name of Sarah Zimmerman Duterte. What
07:57is the ending balance for 2023?
08:00For 2023, sir?
08:03For 2023, sir, it's 85,556 pesos and 33 centavos.
08:08All right. Sige. How about for the last, for the account with last digits 5263 under the name of their,
08:17one of their children, minor children? What is the ending balance for the year 2023?
08:25For 2023, it's 1,330,800 pesos and 53 centavos.
08:34Sige. Let's go back again to account with last digits 3876 for 2024. Ano po yung ending balance nitong 3876
08:49na bank account?
08:49For 2024, the ending balance is 330,896 pesos and 40 centavos.
08:59Okay. For 2024 again, but this time with the bank account ending in 2445. What is the ending balance?
09:09For 2024, it's 85,581 pesos and 89 centavos.
09:18How about for last digit, for bank account with last digits 5263? What is the ending balance for 2024?
09:28It's 1,458,423 pesos and 9 centavos.
09:36Lastly, for the years 2025, if you can just go quickly, Madam Witness, para sa 3876 na bank account, ano
09:47yung ending balance?
09:49It's 55,273 pesos and 18 centavos.
09:55Alright. For 2025, with bank ending in 2445?
10:06The balance is 85,625 pesos and 29 centavos.
10:13And lastly, for the bank account with last digits 5263, what is the ending balance?
10:22It's 1,459,162 pesos and 56 centavos.
10:321,459,162,056 pesos.
10:41Could you read the total of those, Madam Witness?
10:44If that is accurate, would you know?
10:47I don't have the total balances in my notes, sir.
10:50That's okay. We'll just proceed.
10:57I think that would be all for this witness, Your Honor.
11:00Your witness, Attorney Justin.
11:02Nothing to cross-examine, Your Honor, except we would like to object to the flashing of the separate totals on
11:07the screen pertaining to all banks, Your Honor.
11:09Kindly avoid that part.
11:11Thank you, Your Honor.
11:12That is the proper subject matter of your next witness, I believe, Attorney Cabrera.
11:17May we ask that it be taken down, Your Honor, since several bank officials will be presented, they don't have
11:22personal knowledge on all those bank accounts.
11:25That would be improper.
11:25But you can include the total per year per account, Attorney James.
11:29Yes.
11:29Thank you, Your Honor.
11:30But, Your Honor, can I see again the slider? I'm not sure which one was it.
11:33Your Honor, we are objecting to the flashing.
11:35It's sold totals per bank.
11:37Per bank.
11:38Per bank.
11:39She's not competent to testify under other banks.
11:43From previous banks, okay.
11:45But kindly consult with your panel what they showed.
11:50Yes.
11:50Okay, Your Honor.
11:52Attorney Nina, maraming salamat po sa inyong panahon at paumanhin sa Abala.
11:56Salamat sa pagsagot sa mga katanungan na magrabilang partido.
12:00Yes.
12:01What is the pleasure of Senator Riza Antiveros?
12:08You wish to make interjections, ma'am?
12:09Mr. Presiding Officer, o po, just a couple.
12:12Yes.
12:12You have two minutes, ma'am.
12:13Thank you, Mr. Presiding Officer.
12:16Magandang umaga po, Attorney Nina.
12:18Good morning, Your Honor.
12:20Good morning, ma'am.
12:21Na-peak din yung interest ko dahil nga kayo yung head ng inyong anti-money laundering division.
12:28So, dalawang tanong lamang po sa inyo.
12:30Um, kahapon po kasi napag-usapan yung suspicious transaction reports o STRs na ginagawa ng mga covered persons kasama ang
12:42mga bangko sa AMLAC.
12:44So, in general po, sa karanasan ninyo bilang head ng inyong anti-money laundering division,
12:51basta ba may controversial na balita tungkol sa kliyente ay nire-report na yan agad, agad-agad sa AMLAC bilang
13:01STR?
13:02O kinoconsidera po ba ng covered person, in this case ng bangko, yung circumstances ng transaction?
13:12Circumstansya kasama na po yung halaga, account activity, profiles ng nagpadala, at tumanggap ng pera, at iba pa.
13:20Ganun po ba yun?
13:21Um, for suspicious transaction reporting based on negative media,
13:27we generally file a suspicious transaction report if we have identified our customer to be the subject of the negative
13:34media
13:35and conduct further review on the transactions.
13:38And if it is warranted, we would file additional suspicious transaction reports after the review of the transactions, Your Honor.
13:47Alright.
13:53So, hindi rin basta-basta.
13:56Kung may negative report, pero identified yung customer bilang subject ng negative report,
14:03maaring nagpo-file ng STR, pero nagko-conduct ng further review if warranted.
14:07So, may ganun mga qualifications step by step.
14:10Yes, Your Honor.
14:11Alright po.
14:12Then, huli na lamang po.
14:13Again, in general, yung mga suspicious transaction reports, yung mga bank teller po ba ang nagpapadala ng mga suspicious transaction
14:23reports agad-agad sa AMLAC?
14:26O dumadaan po ba yan sa internal review?
14:29Kanina, nabanggit yung further review.
14:31Dumadaan ba sa internal review?
14:34May escalation process po ba?
14:36May approval po ba ng mga boss ng covered person o ng banko bago i-report, i-forward ang report
14:44sa AMLAC?
14:45The suspicious transaction reports, Your Honor, goes through my division, anti-money laundering division, and would require my approval as
14:54well before filing with the AMLAC.
14:57Alright.
14:57So, dadaan pa po sa division ninyo in the case of your covered person, in the case of your bank,
15:04and then kailangan pang-aprubahan ng head of division na kayo po yun.
15:08Yes, Your Honor.
15:09Alright.
15:09Salamat po, Attorney Nina.
15:11Salamat po, Mr. President.
15:12Thank you, Senator Judge Risa.
15:14And yes, Senator Judge Kiko, pangalina is recognized.
15:21Thank you, Mr. President Officer.
15:24Magandang umaga.
15:26Good morning, Your Honor.
15:28Madam Witness.
15:29Just to follow up on some of the points raised or questions raised by Senator Monteveros.
15:35In the guidelines for suspicious transaction reporting, you're familiar with the seven criteria, no?
15:45For example, there is no underlying legal or trade justification.
15:55Yes, Your Honor.
15:56Okay.
15:57So, apart from negative media reports, you would look at this particular guideline, no?
16:07And say, yung deposit na ito, malaking halaga and it appears na walang underlying legal or trade or economic justification.
16:17Among others, Your Honor.
16:19Among others, Your Honor.
16:19Yes.
16:19So, in other words, negative media is one consideration in filing suspicious transaction reports.
16:29Of course, and you go through the guidelines.
16:32Yes, Your Honor.
16:33And when you say, and we do further investigation or further, what was the term you said?
16:40Sorry.
16:41Review, Your Honor.
16:41Review.
16:42Review.
16:43Your review is based on the guidelines.
16:48Yes, Your Honor.
16:49So, hindi, binubusisi niyo ng gusto.
16:56So, you're careful, no?
16:58Hindi rin tama na mag-file ng suspicious transaction report kung mali.
17:03Yes, Your Honor.
17:04Or walang basis or dahil news report lang.
17:07Yes, Your Honor.
17:07So, maingat ang bangko bago ito mag-file ng suspicious transaction report.
17:15Binubusisi niyo ng gusto.
17:17Yes, Your Honor.
17:18Hindi ibase sa chismes.
17:20Yes, Your Honor.
17:20Okay. Maraming salaman.
17:22Thank you, Senator Judge Kiko.
17:25There being no other, Senator Judges, wishes to make interjections.
17:29Thank you, Attorney Nina.
17:30You're excused.
17:31And may I just say, kayo po yung pinakakalmado at malumanay na testigong so far nakaharap po namin.
17:40Maraming salamat.
17:41Naway mahawa po kaming lahat sa inyo.
17:44Yes, Senator Judge Villanueva.
17:46Hi.
17:48Sorry.
17:50Sorry, Ms. Presiding Officer.
17:52Just one question because I wanted to...
17:54You may proceed, sir.
17:54Thank you very much because I wanted to take this moment to ask this very particular question to our witness
18:03who is also considered an expert in anti-money laundering activities.
18:08Madam Witness, may mga CTRs and STRs na nare-report na kagaya po nung last time nandito po kami, if
18:21I'm not mistaken, yung BPI po was mentioned na nagkaroon ng glitch or reporting error involving a manager's check
18:36and then was later corrected after the bank identified a system bug.
18:42So, gusto kong malaman na, Madam Witness, meron po ba kayong ganitong experience so that we can be informed before
18:53the court relies on these amounts appearing in the CTRs or the STRs, suspicious accounts?
19:04Yung banko po ba can confirm that these have been checked against the underlying account statements and transaction records?
19:13At kung nagkaroon po ng error, kung sakali po na nagkaroon naman ng error in the original report, ano po
19:22yung ginagawa ng banko in processing this information for correcting or withdrawing the CTR or STR previously submitted to AMLA?
19:36Your Honor, we have not experienced that kind of error at least in my term as the head of anti
19:42-money laundering division of Metro Bank.
19:45But in case there would be any, we would file an amended cover transaction report as part of our procedure.
19:53And sinasabi niyo ho, and puntakan ko yung binanggit kanina ni Senator Kiko, talagang masusi at talagang maingat na maingat
20:02bago po ito isubmit.
20:04Kaya in your experience, hindi niyo po na-experience ito.
20:08Yes, Your Honor.
20:09Maraming salamat, Madam Witness.
20:10Thank you, Mr. Providing Officer. Thank you.
20:12Yes, ganyan talaga pag nasimulan na natin eh.
20:17Senator Judge Raffi is recognized.
20:23Madam Witness, since kayo po isang expert.
20:25You may proceed, sir.
20:26Thank you, Mr. Providing Officer.
20:27Since kayo po isang expert grating sa banking industry, ano po yung protocol ninyo kapag meron halimbawang kliente ninyo mag
20:36-withdraw ng more than 500,000?
20:39At kapag merong pumasok sa account niya, ng more than 500,000?
20:44For cash payout, Your Honor, our requirement for more than 500,000 is to conduct enhanced due diligence.
20:54At least for the current policy, it's already 1 million following the circular 1230 of Banko Sentral ng Pilipinas.
21:02We conduct enhanced due diligence on the transaction to ensure that we understand where the payment is going to.
21:10Okay. So, merong kahiningin ng madokumento? Para saan pupunta yung perang yun?
21:16We get information and documents as may be necessary, Your Honor.
21:20Okay. Halimbawang merong pumasok na pera by the hundreds of millions, ano usually ang protocol?
21:26We also conduct enhanced due diligence on the transaction and obtain additional information and documents as may be necessary to
21:35prove the legitimacy of the source of the funds, Your Honor.
21:39So, tinatanong nyo yung nag-de-deposit sa account kung para saan at saan galing yung perang yun na dinideposit
21:49sa isang account?
21:50Yes, Your Honor.
21:52Anong mga dokumentong hinihingin nyo halimbawa?
21:54It depends on the type of the transaction, Your Honor.
21:58Example?
21:59So, for example, for fund transfers, if it is, for example, a payment from a supplier, we ask for copies
22:07of the invoice or the contract between our depositor and their counterparty to prove the legitimacy of the transaction.
22:15Very good. So, yan yung protocol sa lahat ng banko, hindi lang sa banko ninyo, per BSP regulation?
22:21I will not be able to answer for the other banks, sir.
22:25Okay. Last na lamang. So, kapag halimbawa nag-withdraw ang isang account holder sa kanyang account ng say 10 million,
22:35so anong protocol ulit ang nakikikin?
22:39Your Honor, we would require our depositor to provide us additional information as to the rational why they are withdrawing
22:47that amount and provide documentation to support the legitimacy of the transaction or the withdrawal.
22:54Okay. The reason why I'm asking her, Mr. President and Officer, kasi kahapon, may mga pera galing sa iba't ibang
23:00bansa pumasok sa account ni BP Sara by the millions and hundreds of millions, but as a matter of fact,
23:05I was wondering kung yung banko na pinasukan ng pera from abroad, e kung sinunod yung ganong klaseng patakara na
23:14binanggit ni Madam Witness,
23:17hininga ng kontrata, sales invoice, etc., because it wasn't discussed yesterday. So, I was just wondering.
23:23Thank you, Madam Witness. Thank you, Mr. Presiding Officer.
23:26Thank you, Senator Judge Rafi. You are excused, Attorney Niña.
23:33Your Honor, before that, just a manifestation, Your Honor.
23:36Yes, Your Honor.
23:37Yes, what's your pleasure, Attorney Justin?
23:39With all due respect, of course, to the questions of our senator judges, just a clarification for the record in
23:45one of the answers of the witness.
23:46I believe the witness answered that when there is a negative media pertaining to a relevant person, an STR is
23:55automatically reported,
23:56and she stated if warranted, further investigation is done, and if after further investigation, an additional STR is filed, Your
24:05Honor.
24:05I think that was the import of one of her answers.
24:07And to qualify, only insofar as she is concerned in her bank because she cannot speak for the practices of
24:12other banks.
24:13Would that be correct, Attorney Justin?
24:16Sorry, Your Honor.
24:17It only applies to her bank, her statement.
24:19Yes, Your Honor.
24:21Attorney Niña, you are excused, ma'am.
24:24Thank you, Your Honor.