Sara Duterte wealth case: The argument for examining Mans Carpio’s finances

The need to examine the financial records of Mans Carpio, husband of Philippine Vice President Sara Duterte, has been raised in court as part of the ongoing wealth case against the Vice President. During the trial, former Sandiganbayan presiding justice Amparo Cabotaje-Tang testified that under Section 8 of Republic Act (RA) 3019, the Anti-Graft and Corrupt Practices Act, properties owned by individuals other than the government official being investigated, including those of the spouse and children, can be considered in determining whether the official has acquired ill-gotten wealth. Prosecutor Chel Diokno emphasized the necessity of looking into the financial records of not only the Vice President but also her husband, Carpio. The House of Representatives' months-long investigation into the matter led to Carpio suing House justice committee officials for disclosing his private financial records in April. Public knowledge of the Vice President's finances includes a P6.7 billion record of large and suspicious bank transactions over the past two decades, according to the Anti-Money Laundering Council (AMLC). This figure notably includes P2.9 billion in funds that flowed through Carpio’s own bank accounts. Carpio's legal counsel had cited various laws, including the Anti-Money Laundering Act, the Bank Secrecy Law, and the Data Privacy Act, as being violated when the House hearing released the AMLC report. However, Quezon City prosecutors recently dismissed Carpio's complaint solely on the grounds of lack of jurisdiction. Tang also cited the 2022 Supreme Court case of Philippines v. Rabusa, which involved a forfeiture proceeding. In that ruling, the Court asserted that the inquiry into alleged ill-gotten wealth by a military officer and his family should understandably extend to the spouse and dependents. The decision stated that such pervasiveness of inquiry is clearly warranted to prevent public officials from evading investigation by placing property in the name of other persons. Furthermore, Tang explained that public officials' Statements of Assets, Liabilities, and Net Worth (SALN) should include the assets and business interests of their spouses. An exception exists if spouses had a complete separation of property before marriage. However, if a spouse fails to declare their assets in the public official's SALN, it is the public official who is liable. Under RA 3019, a public official proven to have acquired unexplained wealth during their term in office can be dismissed from their position.