MANILA, Philippines — The House prosecution panel has formally called for the unsealing of the box containing Vice President Sara Duterte’s tax records so that these can already be marked at the pretrial stage of her impeachment case.
The team maintained that its request, addressed to the Senate impeachment court, was reasonable since it would already streamline the proceedings, as opposed to waiting for disputes to arise later and possibly delay the trial proper.
“Since we are in the marking of exhibits, this is the proper stage for the opening of the box so we’ll have an inventory of the contents of that particular [Bureau of Internal Revenue, or BIR] box,” said Mamamayang Liberal Rep. Leila de Lima, a member of the 11‑member panel.
“We also think that opening it now will result in a more efficient and more expeditious conduct of trial,” she added.
Lanao del Sur Rep. Zia Alonto Adiong, spokesperson for the prosecution panel, echoed this view saying the box was already at the Senate and it would make more sense to open it “to eliminate surprises.”
“The real question is not why the prosecution wants the box opened. The real question is: if the box is already in the custody of the Impeachment Court, why should anyone be afraid of knowing what is inside it?” Adiong said in a statement.
“Our request is very clear. We are not asking that the contents of the box be immediately accepted as evidence. We are not asking that they be believed outright. What we are saying is simple: open it and find out what is inside,” he added.
Adiong added: “The pretrial is meant to eliminate surprises. So that when the trial begins, the discussion is about evidence, not about what is inside the boxes.”
In April, the BIR produced a green box containing what it said were the tax records of Duterte and her husband, lawyer Manases Carpio. It was sealed and signed by Commissioner Charlito Mendoza to prevent tampering.
READ: Chua: Duterte tax record scrutiny to bolster ill-gotten wealth allegation
The box was then sent to the House committee on justice during the final stages of its deliberations on the impeachment complaints against Duterte. However, the panel decided, by a majority vote, to keep the box sealed, citing privacy provisions of the National Internal Revenue Code.
The committee earlier issued a subpoena for the income tax returns in connection with allegations that Duterte had amassed unexplained wealth while in office.
Clearance from court
De Lima said the prosecution team is hoping the box can be opened before the pretrial conference ends and before the issuance of a pretrial order by the Senate impeachment court, “so that both parties will know if they can use the contents and documents.”
READ: BIR orders tax audits of firms linked to VP Sara Duterte
She added that Senate Secretary Renato Bantug, serving as clerk of the impeachment court, would need to secure clearance from the impeachment court.
In response, Bantug said he would relay the request to Senate President Sherwin “Win” Gatchalian, who he expects will consult other senators.
“The pretrial conference cannot decide on that. As clerk of court, I cannot decide on that. It is a matter that only the impeachment court can determine. At present, we have a sealed box whose contents remain unknown,” Bantug said.
“For me … opening and premarking of its contents is something that will have to be decided by the impeachment court. Whether they will decide before the convening or wait for the convening is an open question right now,” he added.
Meanwhile, Bantug noted that the pretrial process had been sped up by the deployment of additional staff to handle document marking and the extension of work hours to 7 p.m.
Both panels earlier targeted the pretrial to be done by Wednesday, but that could now extend until Friday due to the volume of documents that still need to be marked.
Other manifestations
De Lima said the prosecution team made three other requests in its manifestation, including the use of English and Filipino as official languages in the trial.
“It’s a public trial, and therefore it’s better if more people would understand. It would help to use the Filipino language from time to time to make it simpler and more understandable for the public,” she said.
The prosecution team also included in its manifestation a “reciprocal three-day disclosure rule” for surprise witnesses. But De Lima clarified that this request came from the defense team.
The prosecution team also requested that both public and private prosecutors be allowed to be present and examine witnesses.
One of Duterte’s legal counsels, Michael Poa, said the defense team has yet to review the manifestation, “but we will formally respond to [it].”
‘All speculation’
Also on Wednesday, Sen. Chiz Escudero dismissed reports that he would return as the impeachment trial’s presiding officer as mere speculation.
“No such decision has been made yet. That will be decided by the impeachment court once proceedings begin on July 6,” Escudero said in his “Chiz Wiz” podcast. “Whatever is being said now is all speculation.”
Last week, Sen. Panfilo Lacson disclosed that the majority bloc had reached a consensus during a meeting on June 17 to have Escudero preside over the trial.
The Senate amended on June 3 the impeachment rules to allow another senator, aside from the Senate president, to preside over all other cases of impeachment, except when the president of the Philippines is on trial.
Escudero surmised that his name was mentioned because there are only five lawyers in the Senate, including him. The four others are Sen. Francis “Kiko” Pangilinan, who belongs to the majority bloc, and three from the opposition group — Minority Leader Alan Peter Cayetano, his sister Sen. Pia Cayetano, and Sen. Rodante Marcoleta.
But what is more important, he said, is to ensure that the proceedings would be fair and impartial.
Escudero also presided over the short-lived impeachment court that was supposed to hear a first set of complaints against Duterte last year.
The new articles of impeachment accuse Duterte of misusing confidential funds, amassing unexplained wealth disproportionate to her income, committing bribery, and issuing death threats against President Ferdinand Marcos Jr., first lady Liza Araneta-Marcos, and former Speaker Martin Romualdez. —With reports from Gabriel Pabico Lalu and Maila Ager /atm
