Presiding Officer Senator Francis “Chiz” Escudero ruled that the requested financial documents, covering the period from 2007 to 2021, are prima facie relevant to the allegations of unexplained wealth under Article II of the impeachment complaint.
Court Ruling on Financial Records
The decision came on the seventh day of the impeachment trial, which saw 20 senator-judges in attendance. The court will treat the two motions filed by the House prosecution as a single submission, though the individual requests for records will be evaluated based on their specific legal and factual merits, according to Escudero. The prosecution argued that access to the “BIR box”—which contains the income tax returns (ITRs) of the Vice President, her husband Atty. Mans Carpio, and their businesses—is essential to establishing a full picture of her financial history. While the defense previously expressed willingness to open the box during an executive session, they criticized the broader subpoena request as a “fishing expedition.”
Did You Know? The Senate impeachment court’s decision to subpoena bank records mirrors procedures used during the impeachment trial of former Chief Justice Renato Corona, according to Presiding Officer Francis “Chiz” Escudero.
Legal Arguments and Procedural Debates
Defense counsel Atty. Michael Poa maintained that the court must uphold constitutional limitations and due process, warning that compelling the disclosure of nearly 20 years of financial transactions could force government officials to violate the Bank Secrecy Law and the Data Privacy Act. House prosecutor Rep. Chel Diokno countered that the subpoena is not a “fishing expedition,” asserting that the impeachment complaint provides sufficient basis for the unexplained wealth allegations. Senator-judge Pia Cayetano questioned both sides on the applicability of the Stonehill v. Diokno case, with Diokno arguing that a subpoena is less invasive than the search warrant context of that landmark ruling.
Internal Senate Disputes and Future Proceedings
The seventh day of the trial also featured friction among senator-judges regarding the focus of the proceedings. Senator-judge Erwin Tulfo urged his colleagues to avoid using the court to address personal legal matters, following a manifestation by Senator Robin Padilla regarding a counter-affidavit he submitted to the Office of the Ombudsman. Senator Alan Peter Cayetano defended Padilla’s right to clarify his compliance with the law, leading to a brief exchange with Senator Kiko Pangilinan over the application of Rule 6 of the impeachment rules. Escudero ruled that Padilla’s manifestation will remain on the official record, with further discussion deferred to a regular Senate session.
The trial is scheduled to resume on Tuesday, July 21. Melvin Matibag as its next witness to testify regarding Article IV of the complaint, which concerns alleged threats made against the Vice President.
Regie Tongol, a simple majority of the senators present is required to approve the request. With 20 senator-judges in attendance, at least 11 votes are necessary.
[What records are included in the subpoena?]
The subpoena covers the bank, tax, and Anti-Money Laundering Council (AMLC) records of Vice President Sara Duterte and the BIR records of her husband, Atty. Melvin Matibag as a witness regarding Article IV of the impeachment complaint.
How do you believe the admission of these historical financial records will influence the final outcome of the impeachment proceedings?