MANILA, Philippines — Malacañang is leaving it up to the Senate to issue orders on the tax records of Vice President Sara Duterte, saying it has the authority to do so as an impeachment court.
The Senate impeachment court on Monday granted the prosecution’s request for subpoena on the tax and bank documents of Duterte and her husband Manases Carpio. The ruling was read by presiding officer Sen. Francis Escudero before the prosecution and the defense during Monday’s proceedings.
Sen. Panfilo Lacson had pointed out that President Marcos’ written authority is needed before the Bureau of Internal Revenue (BIR) can disclose the tax documents of Duterte.
At a media briefing yesterday, however, Palace press officer Claire Castro said the Senate as an impeachment court has the right and mandate to carry out its processes. She said the Office of the President has not received a request to authorize the unsealing of the Vice President’s tax documents.
“But in our view, the impeachment court is really the one that issues orders and subpoenas, considering that the President is an impeachable officer,” Castro said.
“For example, if the presidents of the next administrations are impeached and if the impeachment court orders the release of the BIR records, most likely, it won’t happen because the accused, the president, won’t agree,” Castro added.
Explaining the ruling of the impeachment court, Escudero said Duterte’s tax and bank documents are “reasonably described, readily identifiable and prima facie relevant and material” to the unexplained wealth allegations under Article II of the Articles of Impeachment.
He gave assurance that the documents covered by the subpoena would be used to establish a factual baseline against which Duterte’s assets, financial transactions and business interests during her present term may be assessed, not to allege additional independent impeachable offenses.
‘Watershed moment’
Meanwhile, prosecutors in the House of Representatives lauded the impeachment court’s decision allowing the release of Duterte’s tax and bank records.
“This is a watershed moment in this impeachment case and a landmark decision by the impeachment court that future generations can benefit from and be proud of,” Rep. Leila de Lima said.
“This is a major victory in our search for truth. This is a triumph for the Filipino people who have all the right to scrutinize where do their taxes go, and examine the evidence as well in the name of accountability. Truth finally prevailed, and not confidentiality,” she added.
Benjamin Tolosa Jr., House prosecution legal spokesman, said the ruling was a victory not only for the prosecution but ultimately for truth, accountability and the Filipino people.
“As we have seen, we’re pleased that the impeachment court, through the presiding officer, granted our twin motions for issuance of subpoena for the submission of the BIR documents, AMLAC records and the bank records of the Vice President and her husband and their financial interests.”
For House prosecution adviser and spokesman Robert Ace Barbers, opening the financial records of Duterte can shed light on the alleged suspicious financial transactions involving members of the Duterte family and Chinese businessman Samuel Uy in 2017.
“Any documents obtained will remain subject to evidentiary rules and judicial scrutiny before they may be considered by the court,” he said.
It was former senator Antonio Trillanes IV who first raised the allegation that Uy issued bank manager’s checks to former president Rodrigo Duterte and members of his family in 2017. — Daphne Galvez, Mark Ernest Villeza, Delon Porcalla
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