Prosecution to Sara Duterte camp on bank, tax records: Why block the evidence?

Vice President Sara Duterte is blocking evidence in opposing the prosecution's move for her bank and tax records to be revealed for the Senate impeachment court's scrutiny, private prosecutor Lorna Kapunan said.

Kapunan made the assertion following the impeachment court's deferral of its decision on the prosecution's request for the issuance of subpoena for the bank and tax records of the Vice President, her husband Manases Carpio, and businesses linked to them.

"The Vice President recently said the prosecution is just all noise, no evidence. And yet now that we are presenting evidence, who is blocking the evidence? Who is blocking the presentation of the bank records? Who is blocking the presentation of the BIR records? Who is blocking all relevant evidence?" Kapunan added.

"So, we are saying, now that we are talking about evidence, why are they blocking our evidence? So really, this is a court, this is the impeachment court, this is the time to present evidence. And lastly, if you are innocent, bakit ka aatras (why will you back down)?" Kapunan added.

Prosecutor and Iloilo Rep. Lorenz Defensor, for his part, said the Constitution, along with its accountability provisions, remains supreme among all laws, including in cases of bank or tax records.

"No regulation or law supersedes our Constitution. The constitutional process of impeachment being the highest form of inquisition in the country, may kapangyarihan ang ating Senate impeachment court na mabuksan ang kahit anumang dokumento. Magiging patas lang at balanse ang kanilang desisyon kung magkakaroon sila ng pagkakataong makita ang lahat ng ebidensya at dokumento. At walang regulasyon o kahit anumang batas ang dapat humarang dito," Defensor said.

(No regulation or law supersedes our Constitution. With the constitutional process of impeachment being the highest form of inquisition in the country, the Senate impeachment court has the power to open any document, as long as they are fair and impartial in their decision. No law or regulation should block this.)

"Sana maanyaya natin ang mga senator-judges na huwag nilang sanang hayaang malimitahan ng isang simpleng batas ang kapangyarihan na ibinigay sa kanila ng ating Saligang Batas," Defensor added.

(Hopefully, we can call on the senator-judges not to limit themselves to a simple law that would curtail the power given to them by the Constitution.)

Private prosecutor Benjamin Tolosa, Jr., for his part, said that aside from the Senate court precedent of issuing a subpoena for the bank records of then Chief Justice Reynato Corona, no less than the Bank Secrecy Law exempts the impeachment proceedings from confidentiality.

"The exception is based on the law itself, on the Bank Secrecy Law, na pinapayagan talaga 'yan [buksan] sa impeachment proceedings. And even the foreign currency deposits, may maliwanag na Supreme Court jurisprudence na sinasabing that is not absolute. If it causes injustice, puwede pa rin 'yan buksan," Tolosa said.

(The exception is based on the law itself, namely the Bank Secrecy Law, which allows for the opening of such documents during impeachment proceedings. Supreme Court jurisprudence clearly provides, even for foreign currency deposits, that is not absolute. If it causes injustice, it can still be opened.)

On the sixth day of the impeachment trial on Wednesday, the defense team urged the Senate impeachment court to dismiss the request of the House prosecution panel for the issuance of subpoenas for Duterte's bank and tax records.

"The issue before the impeachment power is not whether you possess the power to issue a subpoena, the real issue is whether such power may be exercised in a manner that disregards due process and compels the production of documents and information that is beyond what is allowed by law," Poa said in his speech.

Poa later told reporters they are not afraid of documents but they want evidence to be presented in accordance with due process. — VDV, GMA News