Sara Duterte bank, tax records exempted from Bank Secrecy Law — Drilon

Former Senate President Franklin Drilon said Monday the bank and tax records of Vice President Sara Duterte are exempted from confidentiality laws as it is being requested in connection with the latter’s ongoing impeachment trial.

Drilon made the remarks as the Senate impeachment court is expected to decide on the House prosecution panel’s request for the issuance of subpoena on Duterte’s bank and tax documents.

“Ang decision noon ay sinubpoena ang bank records dahil ang impeachment ay isang exemption sa secrecy of bank deposit,” Drilon told dzBB Super Radyo.

(The decision in CJ Corona’s case was to subpoena the bank records because the request was made for an impeachment trial and impeachment trials are exempted from the Bank Secrecy Law.)

“Mayroon tayong batas na nagsasabi na hindi mo pwedeng isapubliko ang bank deposits ng isang mamamayan ngunit ang exemption ay ang impeachment trial. Bakit po? Dahil ang impeachment trial ay isang paraan kung saan pinasagot ang mga impeachable officials sa mga pagkukulang, o corruption,” he said.

(We have a law the bars from publicizing a person’s bank deposits but the impeachment trial is an exemption. Why? Because impeachment is a tool that we can use to hold impeachable officials accountable for corruption.)

Last week, the defense — during the oral argument — urged the Senate impeachment court to dismiss the House prosecutors’ request to issue subpoena on the financial and tax records of Duterte and her spouse, Manases Carpio.

Defense lawyer Michael Poa argued the issuance of subpoena would amount to a “fishing expedition” as the Saballa and Cabrera complaints accusing Duterte of allegedly amassing unexplained wealth has no single attachment supporting the claims.

Poa likewise argued granting the request would violate the couple’s constitutional rights to privacy and due process.

“Noong panahon ni Chief Justice Corona, sinubpoena ng impeachment court ang bank accounts at ‘yan ay jinustify ni Ombudsman Conchita Carpio-Morales, siya ang nag-testigo dun kung hindi ako nagkakamali,” said Drilon.

(During the impeachment trial of CJ Corona, we subpoenaed the bank accounts and Ombudsman Conchita Carpio-Morales testified for that.)

“May precedent at batas kung san sinasabi na pwede mo i-subpoena ang bank records,” he added.

(There’s a precedent for that.)

According to Drilon, the prosecution is likewise allowed to request Duterte’s bank and tax documents before she assumed the Vice Presidency as well as her joint account with Carpio.

“Nung binuksan nila ang deposit account, alam nila na si Vice President Sara ay isang public official at hindi pwedeng itago sa conjugal asset record na ito ay unexplained wealth kung ito man ay unexplained wealth,” he said.

(When they opened the account, they know that VP Sara was a public official and they cannot hide their unexplained wealth, if there’s any, under a conjugal asset record.)

“Hindi po depensa yan. Hindi po pwede maitago ang issue ng unexplained wealth sa siansabing joint account,” he added.

(That’s not a defense. They cannot hide their unexplained wealth in the joint account.)

Sara Duterte

Duterte is facing impeachment charges over allegations of culpable violation of the Constitution, graft and corruption, betrayal of public trust, bribery, and other high crimes. In May, she was impeached by the House of Representatives for the second time.

On May 18, the Senate convened as an impeachment court. On June 1, Duterte's camp filed their answer on the Articles of Impeachment, asking the court to junk the impeachment case against her. — RSJ, GMA News