The House prosecution panel said Monday that its case against Vice President Sara Duterte does not rely on a single set of financial records, but expressed hope that the Senate impeachment court would consider the requested bank, tax and Anti-Money Laundering Council (AMLC) documents as part of its evaluation of the allegations.
House impeachment trial spokesperson Zia Alonto Adiong of Lanao del Sur and House prosecution legal spokesperson and private prosecutor Benjamin “Jay” Tolosa Jr. made the distinction when asked whether the case would weaken if the court denied the prosecution access to Duterte’s bank records.
“Hindi naman nakabase sa iisa o dalawang ebidensya lang ang Articles of Impeachment (The Articles of Impeachment are not based on just one or two pieces of evidence). We have other documentary and testimonial evidence,” Tolosa said at a press briefing in the Senate.
The prosecution is seeking subpoenas for financial records involving Duterte and her husband, lawyer Manases “Mans” Carpio, in connection with Article II, which includes allegations concerning unexplained wealth and the disclosure of assets in Duterte’s Statements of Assets, Liabilities and Net Worth.
Tolosa said the existence of other evidence does not make the requested documents dispensable because the prosecution’s objective is to give the impeachment court a complete factual record.
“Ngayon pa man, ang aim natin dito ay makita ang buong katotohanan (our aim is to show the whole truth),” he said.
“Regardless if we have other evidence that could support the Articles of Impeachment, napakahalaga pa rin na makita natin itong mga ebidensyang ito (it is still important to show these pieces of evidence),” he added.
He said access to the records should not be viewed solely through partisan positions.
Their significance, he stressed, should be determined after the documents are examined against the allegations.
“In fact, regardless if you’re pro or anti-respondent, regardless of your leanings at this point, napakahalaga. Actually, dapat lahat tayo hinihingi natin, tingnan natin itong mga dokumentong ito (it is very important. We should all ask for it, let’s look into these documents),” Tolosa said.
Adiong said the issue is whether the senator-judges should render a decision without first seeing documents that may be relevant to the allegations.
“Kailangan mabigyan ng pagkakataon ang impeachment court na masuri, makita ang lahat ng ebidensyang kinakailangan para ang hatol nila ay kumpleto at hindi base lang sa mga presumption (The impeachment court should be given the opportunity to examine all the evidence so that their decision is complete and not based only on presumption),” he said.
“What we do not want is to curtail the right of the impeachment court and preclude them from even arriving at an impartial, fair judgment,” Adiong said.
‘Good For All Sides’
Adiong believes the move to obtain, open and scrutinize the bank, tax and other financial documents of the Vice President and her husband will be beneficial to all sides, including the defense.
“Hindi lang ito (This is not only) in favor of the prosecution, it can also be in favor of the defense. It’s not even a question of culpability; it’s not even a question of conviction. It’s a question of whether the people really deserve to know the truth, the whole truth and nothing but the truth,” he said.
“The only way for the people to know that is for the court to also have access and obtain these documents and it is important for them to arrive at a fair and impartial judgment,” he added.
Tolosa said the request for obtaining the documents will allow both the prosecution and defense to go over these and present to the public a clear explanation of the complete financial standing of the Vice President.
He said the documents will help bring out the truth about the issue of the unexplained wealth of the Vice President, which will be taken up on Wednesday at the soonest.
Tolosa said the defense should welcome the scrutiny of these documents in order to prove the innocence of the Vice President, if indeed there was a misappreciation of the records as they claim.
“Kung ganoon ang kanilang depensa, hindi ba makakatulong para sa lahat at para sa kanila na buksan itong mga bank records na ito para once and for all ma-settle kung magkano ba talaga nilalaman ng bank accounts niya. Makakatulong ito sa lahat, para din sa kanila, kung ‘yan ang position nila para mapatunayan na talagang inosente sila sa charges na ito (If that is their defense, would it not help everybody and their side to open the bank records to, once and for all, settle how much she really has in her bank accounts. It will be a big help to everybody, and also to them, if that is their position, to prove that they are really innocent of these charges),” Tolosa said.
In a television interview, House prosecutor Rep. Joel Chua of Manila’s 3rd District said the sealed tax records being sought by the House prosecution panel could ultimately support Duterte if they show that the income and assets questioned in the impeachment case came from legitimate sources.
Chua confirmed that neither side has seen the contents of the Bureau of Internal Revenue records and that their production could work in Duterte’s favor rather than exclusively strengthen the prosecution.
“Sa amin naman kasi, kung wala naman talagang tinatago, sa totoo lang, kami, hindi rin naman namin alam kung anong laman nitong box na ito, so pupuwedeng maging pabor pa nga sa kanila ito kung talagang justifiable naman yung legitimate income nila (For us, if there is really nothing being hidden, truth is that we ourselves do not know what’s inside this box, so it could even be favorable to them [defense] if their legitimate incomes are justifiable),” Chua told the Bilyonaryo News Channel on Monday.
The BIR submitted sealed records during the House Committee on Justice proceedings, but the panel deferred opening them and later asked the Senate impeachment court to obtain certified copies through compulsory process.
Chua maintained that presenting the tax documents would allow the senator-judges to compare the allegations with actual records instead of relying solely on claims from either side. (With a report from Zaldy de Layola/PNA)