Subpoenas for VP Duterte's bank records above aboard, can withstand court challenge--lawyer
At A Glance
- House prosecution panel spokesperson Benjamin "Jay" Tolosa Jr. said the Senate impeachment court acted correctly in issuing subpoenas for Vice President Sara Duterte's bank and tax records, as well as those of her husband and their business interests.
- He maintained that the subpoenas are supported by law, jurisprudence, and precedent, and expressed confidence they would withstand judicial review even if challenged.
- Tolosa noted that President Marcos authorized the release of Duterte's tax records, allowing the prosecution to present them as evidence when tackling the second article of impeachment on unexplained wealth.
Lawyer Benjamin "Jay" Tolosa Jr. (Ellson Quismorio/ MANILA BULLETIN)
House prosecution panel spokesperson, lawyer Benjamin "Jay" Tolosa Jr. believes that the Senate impeachment court’s subpoenas for the bank and tax records of Vice President Sara Duterte, her husband lawyer Manases “Mans” Carpio, and their business interests can withstand judicial review.
Tolosa, also a private prosecutor in the Vice President’s impeachment trial, had this to say after Carpio said the release of their tax records should be challenged in court.
According to Tolosa, Carpio is entitled to pursue any legal remedy he believes is appropriate.
“Karapatan nila ’yan (That’s their right and we will respond accordingly,” Tolosa said during an online press briefing Friday, July 31.
He maintained, however, that the Senate impeachment court made the right call in issuing the subpoenas.
“Naniniwala kami, tama ang naging pagpapasya ng impeachment court na mag-issue nitong ganitong mga subpoena,” Tolosa said.
(We believe the impeachment court made the right decision to issue these subpoenas.)
“Maliwanag naman sa batas na pinapayagan ito, maliwanag din sa jurisprudence, maraming precedent na pinapayagan ito. So kami, nananalig kami prose this will be upheld kapag na-question man itong action ng Impeachment Court na i-subpoena itong mga dokumento na ito,” he added.
(It is clear in the law that this is allowed, it is also clear in jurisprudence, with many precedents permitting it. So we trust this will be upheld if ever the Impeachment Court’s action to subpoena these documents is questioned.)
Tolosa said the Senate impeachment court presided over by Senator-judge Francis "Chiz" Escudero cited the legal basis for obtaining the records when it granted the prosecution’s request for subpoenas.
He noted that the court also followed the precedent set during the impeachment trial of former Supreme Court (SC) Chief Justice Renato Corona by requiring the Bureau of Internal Revenue (BIR) to first obtain the President’s authorization before releasing Duterte’s tax records.
President Marcos recently authorized the disclosure, and allowed the BIR to submit the records to the Senate impeachment court.
“Wala nang rason para hindi maipresenta ng prosecution itong mga dokumento na ito sa paglilitis,” Tolosa underscored.
(There is no reason for the prosecution not to present these documents in the trial.)
He said the prosecution will review the records after receiving copies before presenting them as evidence when it begins tackling the second article of impeachment alleging unexplained wealth.
The impeachment court earlier granted the prosecution’s request to subpoena Duterte’s tax records, bank records and Anti-Money Laundering Council (AMLC) reports after finding them sufficiently relevant to the allegations in the second article of impeachment.
The records must still be formally offered and admitted into evidence before they may be considered by the senator-judges.