House Prosecutors Seek Opening Of Sara Duterte’s Tax Records

Unsealing Vice President Sara Duterte’s tax records should be done at the pre-trial conference between the prosecution and defense teams in her impeachment case in order to expedite proceedings when the Senate trial gets underway, according to House prosecutors.

Mamamayang Liberal party-list Rep. Leila de Lima, a member of the House of Representatives prosecution panel, said the opening of the “green box” from the Bureau of Internal Revenue (BIR) containing Duterte’s tax records was part of the manifestation prosecutors filed before the impeachment court on Wednesday.

Defense lawyer and spokesman Michael Poa said they received a copy of the prosecution’s manifestation but deferred comment, saying a response from their camp is forthcoming.

It’s the Senate impeachment court or Senate President Sherwin Gatchalian who can decide whether to open the BIR box during the pre-trial conference, according to De Lima.

She said the pre-trial conference is the “proper stage” to unseal the tax records as these could be included as evidence of Duterte’s alleged unexplained wealth.

“As we see it, that would aid also in the more efficient and more expeditious conduct of trial,” De Lima said on the sidelines of the pre-trial conference at the Senate. “If it’s not done now, then only during the trial will they be opened and pre-marked if used as evidence by either or both parties.”

When the House committee on justice was conducting hearings on impeachment complaints against Duterte, it issued a subpoena directing the BIR to present the tax records of the Vice President, her husband Manases Carpio and their firms.

But concerns were raised regarding privacy issues in the National Internal Revenue Code (NIRC).

Some panel members wanted to open the box as its contents may help them determine probable cause but the others wanted to leave it to the Senate impeachment court to deal with.

A majority of panel members voted against opening the sealed box, opting to have it transmitted instead to the Senate.

In their pleading, the prosecutors said they were not asking the court to automatically admit any document inside the box as evidence, but were only seeking supervised inventory of its contents to allow both parties to prepare accordingly.

They added that any inventory of the records would not constitute a ruling on their authenticity, relevance, admissibility or evidentiary value as these are subject to future rulings by the impeachment court.

The closed-door pre-trial conference entered its fourth day yesterday. At the pre-trial conference, the prosecution and defense discuss and mark evidence, identify possible witnesses, set trial dates, stipulate facts and propose the order of presentation of evidence.

Batangas 2nd District Rep. Gerville Luistro earlier admitted the slow pace of the pre-trial briefing as they have to deal with “voluminous documents.”

“We received it (manifestation) this morning. We have not read it thoroughly as you know, we were in the marking. What I can tell you is, we will respond to the manifestation,” Poa said.

“Just wait for our formal response but I read the manifestation briefly. I think there are four points in the manifestation. We are reasonable in the defense but I won’t give any details right now. let’s wait for a formal response,” Poa added.

He also said he is not sure if they would be able to finish the marking of documents and annexes today, June 25.

“I cannot say, honestly, especially for Article 1 because of the volume of documents. As you heard, there are 4,000 documents on the side of the prosecution, there is the same number on the side of the defense, we are talking about acknowledgement receipts, both sides are really looking to finish the pre-trial conference as soon as possible,” he added. He said adjustments were being made to hasten the proceedings.

“So we are working so that we will be able to finish and the pre-trial conference will not be extended,” he said.

Senate Secretary Renato Bantug Jr. said it’s still possible for the impeachment trial to start on July 6 as scheduled, despite delays in the marking of evidence.

Bantug, also the designated impeachment clerk of court, said that while the scheduled release today of the pre-trial order has been canceled, there is still enough time to have it completed and submitted to both parties for their comments before the start of the trial.

“Upon release of the pre-trial order, each party is given three days to comment. So, while July 6 is still the target, it is doable, but tight. Not impossible,” Bantug said.

He said he hopes to see the conclusion of the pre-trial conference this week. “Like what we’re told in school: finished or not finished, pass your paper,” Bantug quipped, adding both parties should still be given time to finish marking evidence.

Today’s pre-trial conference will extend up to 7 p.m. – With Marc Jayson Cayabyab