House panel thumbs down opening of tax returns of Sara Duterte, husband

The House committee on justice voted Wednesday to keep the box containing the income tax returns of Vice President Sara Duterte and her husband, Manases Carpio, sealed.

The House justice panel made the decision as the motion to open the box received only six votes, while 38 voted against it.

Last week, the Bureau of Internal Revenue submitted the box to the House panel but blocked its opening, saying that such disclosure is only allowed when it is in aid of legislation and must be examined in an executive session, not in a public hearing.

House Deputy Minority Leader Chel Diokno of Akbayan party-list argued that there is no need to open the box at this point since there is already enough evidence for finding probable cause to impeach the Vice President.

“To be clear, ako'y naniniwala na may kapangyarihan ang committee on justice na buksan ang kahon na 'yan, but to me, the crucial question is kailangan ba nating buksan?  The question is in relation to the determination of probable cause and if we are talking about probable cause, para sa akin ay nandiyan na ang ebidensya—sapat na 'yan para makapagdetermina na tayo kahit hindi natin bubuksan ang kahon na 'yan,” Diokno said.

“Mayroon pong kasabihan sa batas, ex abundanti cautela—with extreme caution—and out of the abundance of caution, I believe that it would be more prudent for us to leave this to the Senate to decide whether to open the box or not,” Diokno added.

House Deputy Speaker and Iloilo First District Rep. Janette Garin and Manila Rep. Benny Abante agreed, saying that the tax returns are better discussed once the impeachment case is elevated to the Senate for the impeachment trial.

“We are not the impeachment court. We are just determining probable cause,” Garin said.

“Let’s leave an element of suspense,” Abante added.

But for other lawmakers, the non-opening of tax returns of the Vice President is tantamount to betraying the public.

“Ang pagbubukas po ng mga box ay nagbabago ng kapalaran ng ating bansa. Nakita na natin yan ng 2001. Dapat pong mabuksan ang box na yan dahil pag hindi nabuksan yan, parang tayo ang gumawa ng betrayal of public trust,” Senior Deputy Majority Leader and Iloilo Third District Rep. Nonoy Defensor said, referring to the unopened second envelope during the impeachment trial of then President Joseph Estrada.

“There is no other mandate for the House of Representatives, having the sole power to initiate impeachment complaints but to open the evidence and to let the members assess and decide for themselves how it will play a part in the exercise of their vote in this committee and in plenary,” Defensor added.

House Senior Deputy Minority Leader Leila de Lima of ML party-list, for her part, said that the Constitution reigns supreme over any other law.

“Kung papayagan natin ang isang probisyon ng batas, yung NIRC, ang magdidikta o maglilimita sa kapangyarihan ng komiteng ito na isang mahalagang organo sa ating sistema ng pagpapanagot, para na rin nating ibinaba ang Konstitusyon sa antas ng ordinaryong batas. Hindi po ito katanggap-tanggap,” De Lima said.

“Madam Chair, hindi natin ito masasagot sa paliwanag lamang. Hindi ito matatapos sa mga pahayag. Ang katotohanan ay nasa mga dokumento—at ang tanging paraan upang maabot ito ay ang pagbubukas, pagsusuri, at paghahambing ng mga ito,” she added.

Tingog party-list Jude Acidre backed Defensor, saying “Kailangan nating buksan ang mga dokumentong ito hindi para  maghanap ng mali, kundi upang mahanap ang katotohanan. Hindi para  manghusga, kundi upang makapagbigay-linaw. Hindi para magdulot ng  ingay, kundi upang maibalik ang tiwala.”

In an interview with Balitanghali, BIR spokesperson Atty. Brianna Kay Delos Santos said they were aware that the documents submitted to the House committee cannot be opened unless the House followed specific conditions.

“Mabubuksan nila kung macomply nila ang requirements ng Section 20 ng Tax Code na it should be in the aid of legislation and they are sitting in executive session… [Mabubuksan lang ito] kung macomply po ang requirement po ng batas, kasi hinihintay po namin kung ano ang motion ng committee kung in aide of legislation nga ba ang kanilang proceeding,” she shared.

(They can open it if they comply with the requirements of Section 20 of the Tax Code that it should be in aid of legislation and they are sitting in an executive session… [They can only open it] if they comply with the requirements of the law, since we are waiting for the motion of the committee if their proceedings really are in aid of legislation.)

Under Section 20A of the Tax Code, submission of tax records can only be made upon the request of Congress and in aid of legislation, provided that any information is only furnished to the appropriate committee during an executive session unless the taxpayer consents otherwise.

The information referred to in the code included industry audits, collection performance data, status reports in criminal actions initiated against persons and taxpayer's returns.

“If marami po tayong impormasyon na kinukuha kasi ang commissioner may power to obtain 3rd party information. So, based on that news and in the impeachment proceedings and hearings being conducted, and taking into account the Ombudsman’s testimony on the SALN and the Anti-Money Laundering Council, nakitaan po ng probable cause for the issuance of letter of authority for the conduct of audit investigation,” she shared.

(If we have a lot of information being gathered since our commissioner has the power to obtain 3rd party information. Based on that news and in the impeachment proceedings and hearings being conducted, and taking into account the Ombudsman’s testimony on the SALN and the Anti-Money Laundering Council, we already saw probable cause for the issuance of letter of authority for the conduct of audit investigation.)

“Si BIR naman po, pag may nakita po kaming tax liability at hindi po siya bayad, under the program of the BIR, we will issue a letter of authority to conduct audit investigation,” she added.

(On the side of BIR, if we see any tax liability and they did not pay, under the program of the BIR, we will issue a letter of authority to conduct audit investigation.) —with a report from Jiselle Anne Casucian/AOL, GMA News