Sealed box of Sara Duterte, Manases Carpio tax records sent back to BIR

The sealed green box containing the tax records of Vice President Sara Duterte and her husband, lawyer Manases Carpio, was sent back Tuesday to the Bureau of Internal Revenue (BIR), a day after the Senate impeachment court ordered that it be returned unopened.

In a Super Radyo dzBB report by Nimfa Ravelo, Senate Secretary and Clerk of the Impeachment Court Renato Bantug confirmed that the sealed box was already en route to the Office of the BIR Commissioner.

During the opening of Duterte's impeachment trial on Monday, Presiding Officer Francis "Chiz" Escudero ordered that the box be returned to the BIR, saying the impeachment court was not yet in custodia legis, or legal custody, of the documents.

"This box was turned over to the Senate as part of the documents, including the Articles of Impeachment. However, the Court is not yet in custodia legis of this box given that there is no lawful order issued by the court for this box to be turned over to the Senate. Moreso that it is not yet offered in evidence, not even, as of yet, marked," Escudero said.

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He said the box should be returned unopened.

"The chair therefore orders that the BIR box—closed, sealed, and as it is received—be sent back to the BIR, without prejudice to any action that the court may take," he added.

Escudero, however, said the impeachment court could still order the production of the records later in the proceedings if warranted.

The sealed box contains the income tax returns (ITRs) of the Vice President and her husband, as well as those of their businesses.

It was first submitted to the House Committee on Justice but was never opened ahead of the Senate impeachment trial.

At the pre-trial conference, the Duterte camp did not agree to the unsealing and marking of the box as evidence, but said it would agree to the opening of the box in an executive session.

The BIR had opposed opening the box 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. — VDV, GMA News