Senate Subpoenas VP Duterte-Carpio's Tax and Bank Records

THE Senate impeachment court on Monday granted the House of Representatives prosecution panel’s request to subpoena Vice-President Sara Duterte-Carpio’s tax records and partially granted its bid to obtain bank records covering her and her husband Manases R. Carpio, in a key ruling on evidence related to the second article of impeachment. Presiding officer Senator Francis Joseph “Chiz” G. Escudero said the court approved the issuance of a subpoena to the Bureau of Internal Revenue (BIR), although the agency may invoke exemptions under the National Internal Revenue Code (NIRC) in deciding whether to comply. “Upon service, the BIR commissioner may refuse compliance or comply by invoking any of the exceptions under NIRC,” Mr. Escudero said during Monday’s proceedings. The impeachment court also granted the prosecution’s request to subpoena BIR Commissioner Charlito Martin R. Mendoza. It likewise approved the issuance of subpoenas to banks covering accounts belonging to Ms. Duterte and Mr. Carpio, although the court partially granted the prosecution’s request after limiting the scope of the records to be produced. The subpoenas relate to allegations under the second article of impeachment, which includes accusations involving unexplained wealth and irregularities in the Vice-President’s financial transactions. The defense opposed the prosecution’s requests, arguing that they amounted to a prohibited “fishing expedition” for evidence and violated due process. Defense counsel Michael T. Poa said the prosecution was seeking an excessive volume of documents without first establishing sufficient factual basis for the requests. “With the volume of documents being requested, it is like casting a huge net into the sea and hoping that somehow we can catch even a single piece of evidence,” Mr. Poa said in Filipino. The defense also argued in earlier proceedings that the request covered financial records dating back to 2007, when Ms. Duterte was still the vice-mayor of Davao City, and maintained that existing bank secrecy and tax laws protect the records from disclosure. House prosecutor Jose Manuel Tadeo “Chel” I. Diokno rejected the characterization of the requests as a fishing expedition, saying investigators already possessed evidence supporting the need for the subpoenas. “If we had no basis at all, if we did not know what was in the AMLC (Anti-Money Laundering Council) reports, you may call it ‘fishing expedition,’” he told the court in mixed English and Filipino. “But in this particular case, we know because these are matters and records presented before the Committee on Justice.” He said the AMLC had previously identified transactions it considered suspicious involving Ms. Duterte while she was serving as a public official. Separately, watchdog group Bantay Impeachment urged senator-judges to allow the public disclosure of Ms. Duterte’s tax and bank records during the televised impeachment trial, saying the documents are essential in determining accountability over allegations contained in the articles of impeachment. “Their vote on this issue is an indication of where they stand: with the call for accountability or the concealment of the truth; with the people seeking to hold officials accountable or with those accused of squandering public funds,” the group said in a statement in Filipino. The group said the financial records could help establish whether allegations involving the Vice-President’s assets, income and financial transactions are supported by documentary evidence presented during the trial. It cited allegations in the articles of impeachment referring to AMLC findings involving transactions totaling P6.7 billion in bank accounts allegedly belonging to Ms. Duterte and her husband. According to Bantay Impeachment, obtaining her tax records would allow senator-judges and the public to determine whether alleged assets and income had been properly declared. “If the tax and bank account records are not opened, the trial will lose its meaning and significance,” the group said. The watchdog also urged the public to encourage senators to support the release of the records through letters, community discussions and social media campaigns, arguing that transparency is needed to ensure accountability over misuse of public funds. — Kaela Patricia B. Gabriel and Pexcel John Bacon