House prosecutors seek opening of BIR box with Sara Duterte tax records

The House prosecution panel formally sought Wednesday the opening of a sealed box from the Bureau of Internal Revenue (BIR) containing the tax documents of Vice President Sara Duterte.

Mamayang Liberal (ML) Party-list Representative Leila de Lima, a member of the House prosecution team, said the panel filed a manifestation on Wednesday, requesting the opening of the sealed box during the pre-trial conference, saying the proceedings serves as the "proper stage" to unseal the tax-related documents.

"Since we are in the marking of exhibits, this is the proper stage na kailangan na rin siguro buksan 'yan para magkaroon ng inventory of the contents of that particular BIR box," the lawmaker told reporters.

(Since we are in the marking of exhibits, this is the proper stage for the opening of the box so we'll have an inventory of the contents of that particular BIR box.)

"Sa tingin namin, that will aid also in a more efficient and more expeditious conduct of trial kung maipabuksan na rin 'yan ngayon during the stage ng pre-trial," she said.

(We also think that opening it now will aid in a more efficient and more expeditious conduct of trial.)

In April, the majority of the House Justice Committee members voted to keep the box sealed after the BIR opposed its opening in view of the National Internal Revenue Code, which states that income tax returns (ITRs) may only be disclosed when the request is in aid of legislation and must be examined in an executive session, not in a public hearing attended by media.

The House panel had earlier issued a subpoena for Duterte's ITRs in connection with impeachment allegations that she had accumulated unexplained wealth.

De Lima said the prosecution hopes the box can be opened before the completion of the pre-trial and before the Senate impeachment court issues a pretrial order.

"Yes, if possible… kung makahabol pa bago matapos talaga 'yung pre-trial at bago mag-issue ng pre-trial order para makita na, para tapos na, para malaman na rin ng both parties kung gagamitin nila 'yung mga contents, 'yung mga documents na nandyan sa box na 'yan ng BIR. That is in relation to unexplained wealth, Article 2," de Lima said.

(Yes, if possible… we want to open it now during the pre-trial and before the issuance of the pretrial order so both parties will know if they can use the contents and documents inside the box. That is in relation to unexplained wealth, Article 2.)

Other requests from the panel included in the manifestation were the use of English and Filipino as official languages in the trial proceedings; and the three-day disclosure rule on surprise witnesses and evidence.

They also sought for the participation of both public and private prosecutors in the examining and representing of the witnesses.

Lawyer Michael Poa, one of Duterte's legal counsels, said the defense team has yet to review the manifestation.

"Hindi pa namin nababasa nang malaliman. As you know we’re at the marking but we will formally respond to the manifestation," Poa said.

(We have yet to review it in depth. As you know, we're at the marking but we will formally respond to the manifestation.)

No formal extension request yet

Meanwhile, De Lima said additional teams were deployed to expedite the marking of documentary evidence for Articles 1 and 2 of the Articles of Impeachment against Duterte. Longer working hours were also implemented for the pre-trial conference.

"Nagdagdag na po ng marking teams. From just four teams during the 1st three days… naging six na po ngayon. So mayroong dagdag na tig-isa for both Articles," De Lima.

(We deployed additional marking teams. From four, they are now at six. We added one team per Article.)

"Medyo binibilisan na po at nagdagdag sila ng working hours. From originally na 9 a.m. to 5 p.m. ginawa eating 9 a.m. to 7 p.m.," she said.

(They also extended the working hours from 9 a.m. to 5 p.m. to 9 a.m. to 7 p.m.)

The Senate impeachment court secretariat granted the House prosecution panel's request for additional teams for the marking of evidence.

Lawyer Benjamin Tolosa Jr., spokesperson of the House prosecution panel, assured that they are doing everything possible to ensure that Duterte's impeachment trial would not be delayed.

The pre-trial brief resumed on June 22 after its opening session on June 18. De Lima said there is no formal request for extension yet as both the prosecution and defense push for its completion by Thursday, June 25.

"It's more than 50%... We're hoping na 'yung sa unexplained wealth matapos within the day or up to tomorrow," the legislator said.

(It's more than 50%. We're hoping the marking of evidence for the unexplained wealth charges will be finished within the day or up to tomorrow.)

"Maybe tomorrow magkaka-desisyon, magde-decide kung kailangan ng additional dates of retirement kung hindi pa rin matapos 'yung sa Confidential Funds," she said.

(Maybe we'll issue a decision tomorrow whether to extend or not if the marking of evidence of the confidential funds charges will not be finished.)

— VDV, GMA News