DAVAO CITY, Philippines – The bank and tax records of Vice President Sara Duterte will be opened in her impeachment trial after the Senate granted a request to subpoena them to determine the charges of unexplained wealth.
The decision followed two trial days that saw legal debates between senators aligned with the Duterte dynasty and the House prosecution.
After the debate, Senate Presiding Officer Francis Escudero ruled to grant the subpoenas.
The subpoenas will bring bank accounts held jointly by Duterte and her husband, lawyer Manases Carpio, including the account of their partnership, Carpio Lawyers and 19 listed corporate entities.
Records from the Anti-Money Laundering Council (AMLC) and tax records from the Bureau of Internal Revenue (BIR) also will be subpoenaed.
The Senate ordered the banks and the revenue bureau to submit the documents July 30.
The prosecution requested for Duterte’s bank and tax records covering 2007 to 2021, when she served as vice mayor (2007-2010) and mayor of Davao City (2010-2013, 2016-2022).
Baseline
The House impeachment prosecution wanted these records to establish a “factual baseline” or starting net worth for Duterte to determine the unexplained wealth charge in Article II of the impeachment.
The issue of unexplained wealth surfaced during the House committee hearings on the impeachment complaints, when the AMLC revealed financial activity in Duterte’s bank accounts from 2007 to 2016 amounted to more than P3.9 billion ($68 million).
Other records show discrepancies between Duterte’s declared statement of assets and liabilities (SALN) and net worth and her bank account records during the same period, with a disparity as wide as P85 million ($1.5 million) of undeclared SALN.
Duterte’s defense lawyers argued that impeachment complaints should cover only the period when she served as vice president, starting 2022.
But House prosecutor Rep. Chel Diokno (Akbayan Party-list) explained during his opening presentation that tracing unexplained wealth requires examining Duterte’s bank records from the beginning of her public service in 2007.
“If she amassed staggering amounts of unexplained wealth while she was a vice mayor and mayor, doesn’t that say a lot about her unfitness to serve as a vice president?” Diokno said.
No fishing expedition
Senators aligned with the Duterte party debated with Diokno last Monday, July 20, echoing the defense’s argument that the subpoena amounts to a “broad fishing expedition.”
Diokno countered by citing a Supreme Court ruling on unexplained wealth requiring a full audit of an official’s financial records to determine whether assets exceed lawful income.
He also noted that the committee hearings had already identified the period where the bank transactions are questionable.
Diokno invoked the Senate’s history during the impeachment trial of Chief Justice Renato Corona, when it subpoenaed his bank accounts to examine unexplained wealth.
The prosecution earlier pointed out that high officials should not engage in private business because of conflict-of-interest concerns.
Senator Pia Cayetano raised concerns that the subpoena could amount to an “invasive search” of the private records of Duterte’s husband and could be invalidated on due process grounds.
Diokno countered that a subpoena differs from a search warrant. “A subpoena is not in any way invasive … because records are simply produced. The admissibility of those documents will only be determined after, if offered by the parties.”
Senator Alan Peter Cayetano supported the defense argument that revealing bank records could violate the AMLC’s provision of Section 8-A, which bars disclosures.
Diokno clarified that the rule is meant to prevent unauthorized leaks and cited that the AMLC has always complied with Sandiganbayan orders to subpoena bank records of public officials.
Limits
Escudero ultimately rejected the defense’s arguments, agreeing with the prosecution that the impeachment court’s subpoena powers do not overstep the AMLC or previous Supreme Court rulings.
Peter Cayetano said they will submit their statements manifesting their opposition.
But Escudero set limits to the subpoenas, allowing only Duterte’s local peso accounts.
The AMLC records will be submitted first to Escudero for review before being turned over to the prosecution and defense.
The grant to subpoena Duterte’s tax records comes with a limitation raised by the defense. Disclosure can be authorized only by President Ferdinand Marcos Jr. Escudero also said the BIR has the right to refuse to comply, as it did during the Corona impeachment.
Escudero upheld that subpoenas are “a preliminary procedural step” and are “prima facie relevant and material to the allegations under Article II.”
The impeachment trial will move to Article II – which covers unexplained wealth – once it finishes hearing the Article IV about grave threats, now on its third week. (davaotoday.com)
