Exempting gov’t officials from Bank Secrecy Law, a challenge—Lacson
Aileen Cerrudo • July 5, 2019 • 1046
Senator Panfilo Lacson believes exempting government officials and employees from the Bank Secrecy Law would be a challenge in Congress.
Lacson seeks to amend Republic Act No. 1405 or the Bank Secrecy Law. It states that bank account information of any individuals, including government officials, cannot be disclosed to the public unless there is a written permission from the account owner or there is a subpoena from the court.
According to Lacson, the said law hinders or stalls investigation of government officials. Lacson has been seeking to amend the Bank Secrecy Law since 2001.
In the 18th Congress, Lacson will file a request to the Chairman of Banks Committee to become the subcommittee chairman.
“I don’t know if it will see the light in the 18th Congress. Having said that, I may request the Chair of the Banks Committee to designate me as subcommittee chairman and sponsor the bill myself, the same way I sponsored the national ID system as the subcommittee chairman under the Committee on Justice,” he said.—AAC (with reports from Nel Maribojoc)
MANILA, Philippines – The Senate on Wednesday approved on second reading a bill that seeks to strengthen the country’s fight against terrorism.
Senator Panfilo Lacson, who authored and sponsored the bill, said Senate Bill 1083 or the Anti-Terrorism Act of 2020 seeks to provide “a clear, concise, balanced and rational anti-terrorism law that adheres to regional and international standards.”
The bill includes a new section on foreign terrorist fighters to cover Filipino nationals who commit terrorist offenses abroad.
“With (Senate Bill 1083), we can be sure that whether the terroristic act is committed here or abroad, the perpetrator shall be within the arms of the law once he or she comes to our country,” said Lacson, who chairs the Senate Committee on National Defense and Security.
He also said that the new anti-terror bill seeks to repeal the existing Human Security Act of 2007, which “did virtually nothing to deter participation in the plotting of terroristic acts.”
The measure also introduces provisions penalizing those who will propose, incite, conspire, participate in the planning, training, preparation, and facilitation of a terrorist act; as well as those who will provide material support to terrorists, and recruit members in a terrorist organization.
“As a responsible member of the community of nations, we are duty-bound to improve our laws to ensure that we can implement UN Security Council Resolutions, meet international standards, and fulfill state obligations with the United Nations,” Lacson said.
The measure proposes the establishment of Philippine jurisdiction over Filipino nationals who may join and fight with terrorist organizations outside the Philippines.
It would also ensure that foreign terrorists do not use the country as a transit point, a safe haven to plan and train new recruits for terrorist attacks in other countries.
“We send a strong message to them: You are not welcome here. If you dare set foot in our country, you will be dealt with the full power of our laws,” Lacson said, adding that the penalty of life imprisonment without the benefit of parole will be meted out to them.
The bill also removed the provision on payment of P500,000 damages per day of detention of any person acquitted of terrorism charges.
But the number of days a suspected person can be detained without a warrant of arrest is 14 calendar days, extendable by 10 days.
Despite being a tougher anti-terror law, Lacson assured the measure has enough safeguards against possible abuses by arresting officers and that amendments were crafted to ensure that the rights and wellbeing of the accused individuals or suspected terrorists inside jail facilities are protected.
The bill also introduced a new provision, designating certain Regional Trial Courts (RTCs) as Anti-Terror Courts, to ensure the speedy disposition of cases.
The use of videoconferencing for the accused and witnesses to remotely appear and testify will also be allowed under the measure.
The bill also provides for the police or the military to conduct 60-day surveillance on suspected terrorists, which may be lengthened to another non-extendable period of 30 days, provided that they secure a judicial authorization from the Court of Appeals (CA).
Any law enforcement or military personnel found to have violated the rights of the accused persons shall be penalized with imprisonment of 10 years, the senator said.
To allay concerns of possible excesses by the authorities, the Commission on Human Rights (CHR) shall be notified in case of detention of a suspected terrorist.
The measure also mandates the CHR to give the highest priority to the investigation and prosecution of violations of civil and political rights of persons and shall have the concurrent jurisdiction to prosecute public officials, law enforcers and other persons who may have violated the civil and political rights of suspects and detained persons.
Senator Panfilo Lacson said there is no “conflict of jurisdiction” on the quo warranto petition filed by the Office of the Solicitor General (OSG) against ABS-CBN.
In a statement, Lacson said Solicitor General Jose Calida cannot be prevented from filing the petition in the case of the legislative franchise of ABS-CBN.
“The quo warranto petition is under the original jurisdiction of the Court. Approval or renewal of legislative franchise is the jurisdiction of both houses of Congress. As such, I see no conflict in jurisdictions,” the statement reads.
Calido’s filing of the quo warranto petition against the media network drew backlash from several Senators, including Senator Risa Hontiveros. According to her, the executive should not ‘hijack’ Congress.
“Whether or not ABS-CBN violated the terms of their franchise, the right body to tackle this is Congress and the executive should not try to hijack this through the judiciary,” she said in a media interview.
Lacson said that based on Article VIII, Sec 5, Paragraph 1 of the 1987 Constitution, the Supreme Court exercises original jurisdiction over a petition for quo warranto, among other petitions filed by the State through the Office of the Solicitor General.
“Congress is likewise not prevented from exercising its powers under the same Constitution to act on the application for renewal or a new franchise,” Lacson added.
Calida filed a quo warranto petition before the Supreme Court to revoke the existing franchise of ABS-CBN due to franchise violations.
“The legislative franchises of ABS-CBN Corporation and its subsidiary, ABS-CBN Convergence, Inc., must be revoked. A franchise is a special privilege granted by the State, and should be restricted only to entities which faithfully adhere to our Constitution and laws,” Calida said in a statement.—AAC
MANILA, Philippines – The Mutual Defense Treaty (MDT) between the Philippines and the United States “will now be reduced to a mere paper treaty” with the termination of the Visiting Forces Agreement (VFA), Senator Panfilo Lacson said Tuesday.
“Like it or not, bad or good, nothing much can be done now but do a 180-day countdown upon receipt of the notice by Washington,” Lacson said in a statement.
“What is certain is that the 1951 PH-US Mutual Defense Treaty will now be reduced to a mere paper treaty as far as the US is concerned,” he added.
Lacson made the statement after the Department of Foreign Affairs (DFA) signed and sent a notice formally scrapping the VFA to the United States.
The MDT was signed by Washington and Manila in 1951 where both parties agreed to support each other in case of an armed attack.
The VFA, on the other hand, came into force in 1999. It outlines the guidelines about the treatment of their troops when visiting the US or the Philippines.
It includes provisions on visa and passport policies for US troops and the American government’s right to retain jurisdiction over its personnel, among others.
The deal may be terminated by either of the two countries by writing to the other party signifying their intent to end the agreement. Its expiration will come 180 days from the date of notification.
“Having said that, there’s no more intelligence information sharing in our fight against domestic and foreign terrorist acts, no more US military aid and financing that accounts for a good 52% of what they extend to the whole Asia-Pacific region,” Lacson said.
“That may not include other intangible economic benefits and security from external threats in the West Philippine Sea, as well as humanitarian aid in times of disasters, epidemics and other crises,” he added.
Lacson and other senators earlier filed a resolution asking President Rodrigo Duterte to reconsider his plan to scrap the VFA while the Senate reviews it.
Duterte in January threatened to terminate the deal following the US’ move to cancel the visa of his ally, former National Police chief and now Senator Ronald Dela Rosa.
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