MANILA, Philippines — Senator Risa Hontiveros on Monday warned against statements during Vice President Sara Duterte’s impeachment trial that could discourage or intimidate journalists from reporting on the proceedings.
Hontiveros raised the concern after defense lawyer Mark Vinluan questioned Anti-Money Laundering Council (AMLC) Executive Director Ronel Buenaventura about the confidentiality provisions of the Anti-Money Laundering Act (AMLA), including whether journalists or media organizations could face criminal liability for publishing information covered by the law.
During the questioning, Vinluan asked whether members of the media could also be prosecuted for disclosing confidential AMLC information.
“Pati media puwede makasuhan?” Vinluan asked.
Buenaventura responded:
“Based on the law, it appears (it is) stated there.”
Vinluan also noted that violations of the law’s confidentiality provisions could result in penalties that include imprisonment and disqualification from public office.
Hontiveros said such discussions should not, whether deliberately or unintentionally, create fear among journalists who are covering the impeachment proceedings and informing the public about developments in the Senate.
“Tingin ko rin po mali rin na kahit indirectly, bantaan ang media sa pagganap nila ng kanilang esensyal na tungkulin na i-cover ang mga proceedings na ito, iparating sa madla sa pamamagitan man ng traditional or kahit social media ang mga kaganapan ditto para po mapagusapan, mapag-isipan at makabuo ng mga opinyon yung ating mga kababayan,” Hontiveros said.
She emphasized that journalists must be able to perform their duties without being deterred by the possibility of legal consequences.
“Dapat po walang chilling effect na either sadyang or di sadyang lilikain sa hanay ng Fourth Estate,” she added.
The issue also drew concern from Senator Francis “Kiko” Pangilinan, who said the defense’s discussion of potential criminal liability could extend beyond members of the press and potentially affect the senator-judges themselves.
Senator Raffy Tulfo, meanwhile, accused Vinluan of repeatedly pressing the witness on the issue.
“Pati media dinadamay,” Tulfo said.
Pangilinan said the line of questioning could raise concerns that the defense might later invoke possible criminal liability against members of the impeachment court during cross-examination.
“It leads us to think that maybe in the cross-examination, I don’t know, the defense counsel will raise the issue of the possible criminal liability of the senator judges,” Pangilinan said.
He pointed out that the Senate presiding officer had already issued a ruling on the matter. If the defense wanted to contest the ruling, Pangilinan said it could bring the issue before the Supreme Court.
“If the defense wishes to raise this issue, bring it to the Supreme Court, perhaps,” he said.
Pangilinan also questioned the necessity of discussing possible criminal liability or unauthorized disclosure in the middle of the impeachment proceedings, saying such a discussion “isn’t called for.”
Senate President Pro Tempore Vicente “Tito” Sotto III, for his part, reminded the senators that they are protected by parliamentary inquiry in the performance of their functions during the proceedings.
The exchange took place as the impeachment court continued examining AMLC records and the scope of confidentiality rules during the prosecution’s presentation of evidence against Duterte.