Sara Duterte camp accused of blocking evidence in impeachment trial

Vice President Sara Duterte's camp is allegedly blocking the prosecution's move to present bank and tax records as evidence in her impeachment trial, according to private prosecutor Lorna Kapunan. Kapunan made the assertion after the impeachment court deferred its decision on the prosecution's request for the issuance of subpoenas for the bank and tax records of the Vice President, her husband Manases Carpio, and businesses linked to them. "The Vice President recently said the prosecution is just all noise, no evidence. And yet now that we are presenting evidence, who is blocking the evidence? Who is blocking the presentation of the bank records? Who is blocking the presentation of the BIR records? Who is blocking all relevant evidence?" Kapunan said. "So, we are saying, now that we are talking about evidence, why are they blocking our evidence? So really, this is a court, this is the impeachment court, this is the time to present evidence. And lastly, if you are innocent, bakit ka aatras (why will you back down)?" Kapunan added. Prosecutor and Iloilo Rep. Lorenz Defensor stated that the Constitution, along with its accountability provisions, remains supreme among all laws, including in cases of bank or tax records. "No regulation or law supersedes our Constitution. With the constitutional process of impeachment being the highest form of inquisition in the country, the Senate impeachment court has the power to open any document, as long as they are fair and impartial in their decision. No law or regulation should block this," Defensor said. "Hopefully, we can call on the senator-judges not to limit themselves to a simple law that would curtail the power given to them by the Constitution," Defensor added. Private prosecutor Benjamin Tolosa, Jr. pointed out that aside from the Senate court's precedent of issuing a subpoena for the bank records of then-Chief Justice Reynato Corona, the Bank Secrecy Law itself exempts impeachment proceedings from confidentiality. "The exception is based on the law itself, namely the Bank Secrecy Law, which allows for the opening of such documents during impeachment proceedings. Supreme Court jurisprudence clearly provides, even for foreign currency deposits, that is not absolute. If it causes injustice, it can still be opened," Tolosa said. On the sixth day of the impeachment trial on Wednesday, the defense team urged the Senate impeachment court to dismiss the request of the House prosecution panel for the issuance of subpoenas for Duterte's bank and tax records. "The issue before the impeachment power is not whether you possess the power to issue a subpoena, the real issue is whether such power may be exercised in a manner that disregards due process and compels the production of documents and information that is beyond what is allowed by law," Poa said in his speech. Poa later told reporters they are not afraid of documents but they want evidence to be presented in accordance with due process. Information Source: GMA News Philippines