House sees no reason for Marcos to prohibit BIR from complying with Senate subpoena

The House prosecution panel on Monday said they see no reason for President Ferdinand Marcos Jr. to prohibit the Bureau of Internal Revenue (BIR) from complying with the subpoena issued by the Senate impeachment court regarding Vice President Sara Duterte’s tax records.

“We certainly would hope that he would give the authority. Wala kaming nakikitang dahilan para hindi ibigay ng Pangulo yung consent niya doon sa pag comply nung subpoena sa pag produce nung pina-subpoena,” Prosecutor Leila de Lima said in a briefing.

(We certainly would hope that he would give the authority. We see no reason for the President to refrain from giving his consent regarding the subpoena of the impeachment court.)

Earlier, the Senate impeachment court granted some of the prosecution’s request for a subpoena for the submission of BIR documents, Anti-Money Laundering Council (AMLC) records, and bank records of Duterte and her husband, Manases Carpio.

Under Section 71 of the National Internal Revenue Code of 1997, a taxpayer’s record may be opened for inspection upon the order of the President; upon the request of a foreign tax authority, with the approval of the president; and upon the taxpayer’s waiver.

De Lima stressed that these were not obstacles in the issuance of the subpoena.

However, she said BIR Commissioner Atty. Charlito Martin R. Mendoza may secure Marcos’ consent if he wants to ensure that he will not violate Section 71.

De Lima cited the case of then BIR Commissioner Kim Henares, who secured the consent of the president even though it was not stated in the subpoena issued to her.

Meanwhile, Prosecution spokesperson Jay Tolosa he did not want to preempt the action of the BIR commissioner.

“Ilang beses naman na naulit ‘yan na ang consent of the president is one of the means by which disclosure could be allowed. Ito din naman ho ‘yung sinasabi din namin. Paulit-ulit na wag natin pangunahan ang magiging aksyon ng BIR Commissioner sa bagay na ito,” Tolosa said.

(It has already been repeated several times that the consent of the President is one of the means by which disclosure could be allowed. That is also what we have been saying. Again and again, let us not preempt whatever action the BIR Commissioner may take on this matter.)

“Ito din naman ho ‘yung sinasabi namin paulit-ulit na huwag nating pangunahan kung anong magiging aksyon ng BIR Commissioner sa bagay na ito,” he added.

(This is also what we have been saying repeatedly: let us not preempt whatever action the BIR Commissioner will take on this matter.)

Win for truth

Meanwhile, the panel welcomed the decision, saying it is a win for truth and accountability.

“Ito ay tagumpay ng katotohanan. Tagumpay ito ng pananagutan… Ang usapin dito ay hindi tagumpay ng prosecution o tagumpay ng defense. Tagumpay din ito ng impeachment court,” she said.

(This is a victory for the truth. It is a victory for accountability. The issue here is not a victory for the prosecution or a victory for the defense. It is also a victory for the impeachment court.)

“Because we are saying here na the impeachment court is upholding its constitutional authority. Hindi ito nagpa conscript, hindi ito nagpahina doon sa mga supposed confidentiality provisions ng mga batas,” she added.

(Because we are saying here that the impeachment court is upholding its constitutional authority. It did not allow itself to be constrained, nor did it weaken the supposed confidentiality provisions of the laws.)

De Lima said the prosecution is also ready should Duterte’s defense team raise the matter to the Supreme Court. — BAP, GMA News