Sara Duterte camp opposes subpoena for bank, tax records in impeachment trial

The defense team of Vice President Sara Duterte has maintained its opposition to the House prosecution panel’s request for the Senate impeachment court to issue a subpoena on her bank and tax documents in relation to her ongoing impeachment trial. On Day 7 of Duterte’s impeachment trial, Senator-judge Joel Villanueva asked for clarification on the production of the subpoenaed documents, including their admissibility and evidentiary weight. House Prosecutor and Akbayan Party-List Representative Chel Diokno explained that the issuance of a subpoena will only compel the production of documentary evidence, but its admissibility and relevance would still depend on the judgment of the Senate impeachment court. "While we agree to the position of the prosecution that we’re not talking about admissibility, what we are questioning is the subpoena itself," said lawyer Paolo Chua, representing the defense. "A subpoena has requirements before it can be issued—definiteness and relevance—to be valid. Now, in our opinion, these twin requirements are lacking in this case; that’s why we maintain our position as regards opposing the request of the prosecution for the issuance of a subpoena." The defense and prosecution last week held an oral argument on the House prosecutors’ request for the issuance of subpoenas on the financial and tax records of Duterte and her spouse, Manases Carpio. Poa, representing the defense, urged the Senate impeachment court to dismiss the request, saying granting it would amount to a "fishing expedition" as the complaints accusing Duterte of allegedly amassing unexplained wealth have no single attachment supporting the claim. The legal counsel likewise argued the subpoena would violate confidentiality laws as well as the couple’s constitutional rights to privacy and due process. "We are requesting the BIR, bank, and AMLC records to see the whole story as far as both the SALN are concerned and the lawful, and if there is unlawful income, acquired by the respondent," said Diokno. "The subpoena is the only tool the court can use to produce the information and data that we need. It’s not intrusive because it is not a question of admissibility, but we need to produce the documents before the court."