RCBC branch head invokes right vs self-incrimination | ABS-CBN

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RCBC branch head invokes right vs self-incrimination

RCBC branch head invokes right vs self-incrimination

Jamaine Punzalan,

ABS-CBN News

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Updated Mar 15, 2016 05:45 PM PHT

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MANILA - A branch manager of the Rizal Commercial Banking Corp. (RCBC) on Tuesday invoked her right against self-incrimination several times during a hearing of the Senate blue ribbon committee on the $81-million money laundering case.

RCBC Jupiter branch manager Maia Santos-Deguito first declined to answer committee chairman Senator Teofisto Guingona III, who asked if she followed the banking principle of knowing one's clients when four men opened dollar accounts that received stolen money from the Bangladesh Bank (BB).

She, however, confirmed that thank-you letters sent to the addresses of the four depositors were not returned.

Deguito, in an earlier ABS-CBN interview, claimed meeting these four clients -- Michael Francisco Cruz, Jessie Christopher Lagrosas, Alfred Santos Vergara and Enrico Teodoro Vasquez -- only through the referral of businessman Kim Wong in May 2015.

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Deguito again invoked her right against self-incrimination when asked if she signed the application forms for the US dollar accounts.

Guingona pointed out that two of the four men submitted fake driver's licenses for their applications. All four also had false addresses.

Deguito also declined to confirm if she became suspicious when the four bank accounts, which were dormant from May 2015, suddenly received millions of dollars from Bangladesh on February 5, 2016.

The bank manager said her answers in the Senate probe may be used in the criminal complaint filed against her by Anti-Money Laundering Council (AMLC).

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She instead promised to give a tell-all to the Senate through an executive session.

Sen. Juan Ponce Enrile was adverse to Deguito's request, saying: "Why should we hear her in executive session, for what purpose? Just to know that something happened? We are supposed to investigate in aid of legislation. These are public investigations."

Sen. Alan Peter Cayetano, however, countered Enrile, explaining that there are times when a witness would not want to testify in public, and that an executive session is up to the Senate's discretion.

"Number two, this is a very delicate matter because we do not want to damage any banking institution nor the banking industry. If you hear their side, her side, et cetera, the Senate may win but the banking institutions may all lose and the country may lose," he added.

GUINGONA THUMBS DOWN EXECUTIVE SESSION

Guingona had announced at the start of the hearing that he had rejected two requests for an executive session, which cited the Bank Secrecy Law.

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He reasoned that the Bangladesh Bank, the legitimate owner of the questioned funds, has not invoked confidentiality.

"The subject funds actually belonged to the Bangladesh government and the Bangladesh government has not invoked confidentiality. In fact, they are here present to observe. They have written the Bangko Sentral governor asking for assistance for the tracing and the recovery of the funds," the senator explained

"So, the true owner is the one that can invoke the secrecy of bank deposits but in this case, the true owner is asking our assistance so the invocation of the bank secrecy law can’t be properly done at this point. "

He also pointed out that a freeze order has been imposed on the questioned accounts.

"The freeze order contained documents, including the pleadings, including the petition filed by the AMLC and all those documents are now public records and therefore, open for the public. Again bank secrecy can’t be invoked," he said.

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A motion seeking an executive session for Deguito has yet to be made, as of posting.

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