Senate OKs subpoena of VP's tax, bank records

MANILA, Philippines — The Senate impeachment court has granted the request of the prosecution team of the House of Representatives to subpoena the bank and tax records of Vice President Sara Duterte and her husband, Manases Carpio, a move seen as crucial for the deliberation on her alleged unexplained wealth. Presiding officer Sen. Francis Escudero announced the ruling, stating that the requested documents met the requirements of being reasonably described, readily identifiable, and prima facie relevant and material to the allegations under Article II of the impeachment articles. He cited a precedent from the 2012 impeachment trial of former Chief Justice Renato Corona, where bank records were allowed, and noted that the Bank Secrecy Law exempts impeachment cases from confidentiality rules. Escudero also dismissed the defense panel's argument that records predating Duterte's public office should be excluded. He emphasized that these documents are vital for establishing a "factual baseline" to prove that the Vice President's net worth is disproportionate to her income. The court clarified that the subpoenaed records would not be used to allege additional impeachable offenses but solely to assess her assets, financial transactions, and business interests during her present term. Regarding the exclusion of her husband's records, Escudero cited the Family Code and the Code of Conduct and Ethical Standards for Public Officials and Employees, which mandate public officials to disclose assets with their spouses. He explained that due to the legal merger of marital assets and income under Philippine civil law, determining the respondent's true net worth without examining her husband's bank accounts is a legal and mathematical impossibility. Therefore, investigating Mr. Carpio's financial records is deemed a legal prerequisite, not an unwarranted intrusion. The court also summoned BIR Commissioner Charlito Mendoza to appear with the requested BIR documents on July 30, referencing the precedent of summoning the revenue commissioner during the Corona impeachment trial. In response to the prosecution's request for documents on 21 corporate entities and partnerships tied to the couple, the court approved 19, excluding two firms—JTC Group of Companies and Pikimong Pikimong Philippines Corp.—where neither the Vice President nor her husband were listed as shareholders. The court stated that the prosecution failed to show a direct business interest or a clear basis to disregard their separate juridical personalities. Furthermore, only Philippine peso-denominated bank accounts would be subject to scrutiny, as the Foreign Currency Deposit Act requires the depositor's written permission for disclosure. The subpoena for suspicious transaction reports from the Anti-Money Laundering Council (AMLC) on the Duterte accounts and related firms was also granted. Escudero asserted that while the Anti-Money Laundering Act has confidentiality provisions, it cannot nullify the lawful subpoena powers of the Senate sitting as an impeachment court, drawing parallels with the subpoena powers of the Sandiganbayan and the legislature. Prosecutor Rep. Chel Diokno defended the request, stating, "Confidentiality cannot trump accountability." He argued that the subpoena power is constitutionally granted and that jurisprudence on unexplained wealth requires looking at the "overall picture" beyond just filed SALNs. Meanwhile, former Senate President Franklin Drilon expressed concern that the public is growing impatient with the "very tedious" and technical nature of the impeachment proceedings, suggesting that the focus should remain on determining the impeached official's fitness for office. Information source: Philstar Nation