Marcos Should Authorize VP's Tax Records Release, Analysts Say

By Erika Mae P. Sinaking, Reporter PRESIDENT Ferdinand R. Marcos, Jr. should authorize the release of Vice-President (VP) Sara Duterte-Carpio’s sealed Bureau of Internal Revenue (BIR) tax records if the Senate impeachment court formally requests them, political analysts said, arguing that doing so would reinforce the administration’s commitment to transparency and accountability. “President Marcos should authorize the unsealing of the BIR documents, provided there is a lawful basis and the request is intended to support the ongoing impeachment process,” Arjan P. Aguirre, an assistant political science professor at the Ateneo de Manila University, told BusinessWorld via Facebook Messenger over the weekend. “Authorizing the release would reinforce the administration’s stated commitment to transparency and good governance. Conversely, prolonged hesitation may create the public perception that political considerations are outweighing institutional accountability,” he added. Malacañang earlier said Mr. Marcos had yet to receive a formal request from the Senate impeachment court to authorize the opening of the sealed BIR box and that any request reaching his office would be carefully studied before a decision is made. The Senate impeachment court returned the unopened box to the BIR after ruling that it had not lawfully taken custody of the documents. It also deferred a decision on the House of Representatives prosecution panel’s request to subpoena Ms. Duterte’s tax, bank and Anti-Money Laundering Council (AMLC) records. Anthony Lawrence A. Borja, a political science professor at De La Salle University, said the President should grant the request if it comes from the Senate. “Assuming that it is requested by the Senate, then President Marcos must authorize such an act not only to comply with a request from the Legislative branch but also to allow evidence to flow freely into the impeachment proceedings,” Mr. Borja told BusinessWorld via Facebook Messenger. He said releasing the tax records would not necessarily speed up the impeachment trial because the defense and its allies could still challenge the evidence and seek to prolong the proceedings. “I don’t think that it will expedite the proceedings since the strategy of the defense team and their allied senators is to delay through all means possible, ranging from barely coherent rants to attempts at discrediting both evidence and witnesses,” Mr. Borja said. “Those tax records will be subjected to prolonged examination by allied senators and the defense team and might even contribute to burdening the trial itself,” he added. The House prosecution has argued that the Senate impeachment court has constitutional authority to compel the production of Ms. Duterte’s financial records, saying access to her tax, bank and anti-money laundering documents is necessary to examine allegations under Article II of the impeachment complaint involving unexplained wealth. The prosecution has also said it would first pursue other legal remedies before asking Mr. Marcos to authorize the release of the tax records if presidential approval ultimately becomes necessary. The defense has opposed the request, arguing before the Senate impeachment court that the subpoenas violate due process and amount to a prohibited “fishing expedition.” Defense counsel Michael T. Poa also argued that the request covers records dating back to 2007, when Ms. Duterte was still vice-mayor, an office not subject to impeachment. He also maintained that laws protecting financial records prohibit the disclosure being sought by prosecutors. Mr. Aguirre said releasing the documents would help resolve a central factual issue in the impeachment proceedings. “Beyond expediting the proceedings, releasing the documents would help settle a key factual issue,” he said. “It would allow the impeachment court — and the public — to determine whether the alleged discrepancies are supported by evidence or can be adequately explained.” ‘RIGHT SIDE OF HISTORY’ Meanwhile, the August Twenty-One Movement (ATOM) urged senator-judges to approve the prosecution’s request for Ms. Duterte’s financial records, warning against repeating the Senate’s handling of former President Joseph Marcelo “Erap” E. Estrada’s impeachment trial in 2001. In a statement, the group said public officials should be willing to subject their financial records to scrutiny in the interest of accountability. “We implore the senator-judges to stand for what is right, for what is true, and for what is just, and vote to subpoena the bank accounts,” ATOM said. “If history will judge that the Vice-President is innocent, then it will absolve her from these accusations. This decision will even help lay all accusations to rest,” it added. The Senate impeachment court is expected to rule on Monday on the prosecution’s request to subpoena Ms. Duterte’s bank records, tax documents and AMLC reports after senator-judges are given another opportunity to question both parties. The requested records relate to Article II of the impeachment complaint, which includes allegations of unexplained wealth. ATOM said the Senate should remember the events of January 2001, when senator-judges allied with Mr. Estrada voted against opening a key envelope containing evidence during his impeachment trial. The decision sparked mass protests that culminated in Mr. Estrada’s removal from office and was followed by the defeat of several senators who opposed opening the envelope in the 2001 elections. “To the senator-judges who are seeking reelection in 2028, may this serve as a reminder to be on the right side of history this time,” the group said. “We hope that the lessons of history will be in your minds and hearts when you make that critical decision.”