Sara Duterte camp stresses opposition to subpoena for bank, tax records

The defense team of Vice President Sara Duterte maintained its opposition to the House prosecution panel’s request for the Senate impeachment court to issue a subpoena on the latter’s bank and tax documents in relation to her ongoing impeachment trial.

On Day 7 of Duterte’s impeachment trial, Senator-judge Joel Villanueva asked clarification on the producing of the subpoenaed documents, including their admissibility and evidentiary weight.

House Prosecutor and Akbayan Party-List Representative Chel Diokno explained the issuance of the subpoena will only compel the production of the documentary evidence, but its admissibility and relevance would still depend on the judgment of the Senate impeachment court.

“While we agree to the position of the prosecution na hindi pa pinag-uusapan ang admissibility, what we are questioning is the subpoena mismo,” Poa told the Senate impeachment court on Monday.

(While we agree to the position of the prosecution that we’re not talking about admissibility, what we are questioning is the subpoena.)

“Ang isang subpoena ay mayroong requirements bago makapag-issue…para maging valid — definiteness at relevance. Ngayon, yung twin requirements, para sa pananaw ng depensa, ay lacking in this case. Kaya, we maintain our position as regards opposing itong request ng prosecution sa pag-issue ng subpoena,” he said.

(Issuing a subpoena has requirements — definiteness and relevance. Now, in our opinion, these twin requirements are lacking in this case; that’s why we maintain our position as regards opposing the request.)

The defense and prosecution last week held an oral argument on the House prosecutors’ request for the issuance of subpoenas on the financial and tax records of Duterte and her spouse, Manases Carpio.

Poa, representing the defense, urged the Senate impeachment court to dismiss the request, saying granting it would amount to a “fishing expedition” as the complaints accusing Duterte of allegedly amassing unexplained wealth have no single attachment supporting the claim. The legal counsel likewise argued the subpoena would violate confidentiality laws as well as the couple’s constitutional rights to privacy and due process.

“Kaya namin hinihingi ang BIR, bank at AMLC records para makita natin ang buong story as far as both the SALN are concerned and the lawful, and if there is unlawful income, acquired by the respondent,” said Diokno.

(We are requesting the BIR, bank, and AMLC records to see the whole story as far as both the SALN are concerned and the lawful, and if there is unlawful income acquired by the respondent.)

“Ang subpoena ang tanging paraan para makuha ng hukuman ang mga kinakailangan natin na datos at information at dokumento. At hindi naman siya intrusive dahil...hindi pa naman ito question ng admissibility. Ang kailangan lang ay ma-produce sa korte ang mga dokumento na hinihingi,” he added.

(The subpoena is the only tool the court can use to produce the information and data that we need. It’s not intrusive because it is not a question of admissibility, but we need to produce the documents before the court.) –NB, GMA News