Ex-IBP chief: House has not committed any violation in Sara Duterte impeachment

For former Integrated Bar of the Philippines (IBP) president Domingo Cayosa, the House justice committee has not committed any violations during the impeachment proceedings against Vice President Sara Duterte.

This came after the Anti-Money Laundering Council’s (AMLC) presented the bank transactions of the official before the panel.

“So far wala naman,” Cayosa said on Super Radyo dzBB when asked if the committee has committed violations that may be brought to the Supreme Court.

“Because they’re not acting like judges. ‘Yung mga clarificatory questions, ginagawa po ‘yan ng fiscal, ng responsible prosecutor,” he added.

(Because they’re not acting like judges. Those clarificatory questions are usually done by the fiscal, by the responsible prosecutor.)

He said that a possible finding of probable cause is also not a determination of Duterte’s guilt. It only shows that there is enough evidence for the case to proceed to the Impeachment Court.

On Wednesday’s hearing, the AMLC reported that bank transactions totaling P6.7 billion – classified as covered and suspicious – were recorded under the names of Duterte and her husband, lawyer Manases Carpio.

The AMLC also confirmed that at least 18 bank transactions linked to Duterte and her family members – as cited in the affidavit of former senator Antonio Trillanes IV – matched its entries of covered and suspicious transaction reports.

For their part, Duterte’s camp questioned the way her bank transactions were presented, claiming that the figure appeared “bloated” because it was an aggregation of transactions spanning years.

However, Cayosa said that the House has the duty to inspect the transactions.

“Hindi lamang ho tama kung hindi tungkulin nila, obligasyon nila na suriin kung meron bang sapat na ebidensya at ‘yung mga ebidensya o testimonya na ‘yan will hold water sa maaaring ihain na impeachment case,” Cayosa said on dzBB.  

(It is not only right but their duty and obligation to examine whether there is sufficient evidence and whether those pieces of evidence or testimonies will hold water in a possible impeachment case.)

He said that the committee has been careful and fair in giving all parties the chance to speak.

Public record

Cayosa also said that the National Internal Revenue Code (NIRC), the Ease of Paying Taxes, and the Data Privacy Act seemingly cover the House panel’s request for the income tax returns (ITRs) of Duterte and her husband.

This came after the BIR blocked the House panel from opening the box containing the ITRs of Duterte and her husband.

“Nabigla po tayo doon sa sinabi ng BIR commissioner na ito ibibigay ko sa inyo pero mukhang hindi ninyo pwedeng gamitin o buksan ito,” he said.

(We were surprised by what the BIR commissioner said, that I will give this to you but it seems you cannot use or open it.)

He said that the ITR is a public record. Cayosa added the Data Privacy Act specifically mentioned ITRs.

“Mukhang nag focus lang ho ‘yung BIR commissioner sa Section 270 [of the NIRC]. Eh, ‘yung Section 270 kung titignan ho natin, it is addressed, it covers BIR personnel or employee. Hindi po general provision na hindi pwede tignan ang ITR,” he added.

(It seems that the BIR Commissioner focused only on Section 270 of the NIRC. But if we look at Section 270, it is addressed to and covers BIR personnel or employees. It is not a general provision that ITRs cannot be examined.)

Under Section 270 of the NIRC, as amended, BIR personnel cannot divulge information collected from taxpayers concerning the latter’s business, income, or estate, as well as the secrets, operation, style, or work, or apparatus of any manufacturer or producer, or confidential information regarding the business of any taxpayer.

BIR should seek Marcos' permission 

Meanwhile, former Bureau of Internal Revenue (BIR) commissioner Kim Jacinto-Henares said that while Section 270 states that ITRs must be confidential, she said that there are exceptions, including asking for permission from the President.

Henares also said that another exception is when Congress requests the document in aid of legislation.

“Pag hiningi po ng Kongreso in aid of legislation, puwede ho ibigay sa committee pero kailangan nasa executive session,” she said in a separate interview with Super Radyo dzBB.

(When requested by Congress in aid of legislation, it can be given to the committee, but it must be in executive session.)

However, she said that impeachment proceedings are not in aid of legislation.

Henares said that the BIR should seek permission from President Ferdinand Marcos Jr.

Meanwhile, Henares said that the ITRs are not needed to determine discrepancies with the Statement of Assets, liabilities, and Net Worth.

For their part, BIR spokesperson Brianna Kay Delos Santos said they submitted the ITRs to Congress in compliance with the subpoena.— AOL, GMA News