State prosecutors call on Sandigan to withdraw subpoenas for whistleblowers’ bank records

By , on September 11, 2014


Sandiganbayan Building along Commonwealth, Quezon City. Photo courtesy of DGR Law Offices.
Sandiganbayan Building along Commonwealth, Quezon City. Photo courtesy of DGR Law Offices.

MANILA – The Sandiganbayan was asked to withdraw the subpoenas previously issued for the bank property records of several pork barrel scam whistleblowers including Benhur Luy.

The state prosecutors reminded the anti-graft court that the whistleblowers are not the accused in the case, in a motion for reconsideration.

They also added that Luy’s and the other whistleblowers’ bank accounts “cannot be considered as subject matter for litigation.”

It could be noted that the Fifth Division of the Sandiganbayan has granted the motion filed last Sept. 4 by the accused in the pork scam including the alleged pork scam mastermind, Janet Lim Napoles.

In the said motion, Napoles’ lawyers asked the court to subpoena the bank records as well as the travel records of Luy and other pork scam whistleblowers.

The granting of the motion has led to the state prosecutors’ filing of another motion seeking to quash and recall the subpoena released by the court.

The prosecutors likened the subpoena to a “fishing expedition” because “the request made is broad in nature in which would require the banks concerned to provide voluminous documents and records containing information that may have neither value nor relevance to the instant case.”

They also added that “the disclosure of the bank records and the transactions of the persons indicated in the subpoena violates Section 2 and 3 of Republic Act 1405, otherwise known as ‘An Act Prohibiting Disclosure of or Inquiry into, Deposits With Any Banking Institution’.”