Imee Marcos backs subpoenas for VP Duterte's bank, BIR records but...
By Dhel Nazario
At A Glance
- Sen. Imee Marcos supported issuing subpoenas for Vice President Sara Duterte's bank and BIR records, but said they should be limited to documents covering her current term, which began on June 30, 2022, citing the Supreme Court's ruling in Duterte v. House of Representatives.
- Marcos opposed the prosecution's request for AMLC records, arguing that the Impeachment Court is not exempt from the confidentiality provisions of the Anti-Money Laundering Act, as amended by Republic Act No. 11521.
- She warned that examining allegations predating Duterte's current term would exceed the Impeachment Court's jurisdiction, saying issues involving assets allegedly acquired before June 30, 2022 should be addressed by the regular courts, not through impeachment proceedings.
Senator-judge Imee Marcos said on Tuesday, June 21, that she supports the issuance of subpoenas for Vice President Sara Duterte's bank and Bureau of Internal Revenue (BIR) records, provided they are limited to transactions and documents covering Duterte's current term in office.
Marcos argued that the Impeachment Court has jurisdiction only over alleged impeachable acts committed during an official's current term, citing the Supreme Court's ruling in Duterte v. House of Representatives (G.R. No. 278353).
"The vice president's term began on June 30, 2022. Acts allegedly committed before that date cannot be the subject of an impeachment case against her as vice president," Marcos said.
She maintained that allegations involving unexplained wealth allegedly accumulated before June 30, 2022, fall outside the scope of the impeachment proceedings.
"If there are issues concerning assets accumulated before she assumed office as vice president, the proper forum is the regular courts, not the Impeachment Court," she said.
Marcos clarified that she is not opposed to obtaining Duterte's bank and BIR records as evidence, so long as the requests are strictly confined to the period beginning June 30, 2022.
She added that the Bank Secrecy Law permits the production of bank records in impeachment proceedings, but only for records within the current term. She also said BIR records may be released only with the President's authorization under the National Internal Revenue Code and should likewise be limited to the same period.
However, Marcos opposed the prosecution's request for records from the Anti-Money Laundering Council (AMLC), arguing that the Impeachment Court is not exempt from the confidentiality requirements under the Anti-Money Laundering Act, particularly after its amendment through Republic Act No. 11521.
She warned that allowing the impeachment trial to examine allegations outside Duterte's current term would exceed the court's jurisdiction and encroach on powers reserved for the judiciary.
"The prosecution's subpoena requests are overly broad and directly contradict the Supreme Court's clear guidelines. Approving them would constitute grave abuse of discretion," Marcos said.