Metro Manila, Philippines – Bank records of Vice President Sara Duterte may be reviewed during impeachment proceedings at the House of Representatives, which are an exception to the bank secrecy law, a House leader said.
House justice committee chairperson Gerville Luistro said lawmakers may order the release of financial documents if the impeachment complaints against Duterte move to formal hearings.
“As a general rule, the bank secrecy law protects the confidentiality of all bank records. However, there is an exception — the impeachment proceedings or impeachment cases,” Luistro said in an interview on The Newsmaker.
Luistro said the committee may compel the production of bank documents through a subpoena.
“And it is on this basis that during the hearing proper of the justice committee, even the bank records can be produced by way of the exercise of the justice committee of the compulsory process of subpoena duces tecum,” she said.
She explained that subpoena duces tecum compels the submission of documents, while subpoena ad testificandum requires a witness to appear and testify before the committee.
The committee earlier declared two impeachment complaints against Duterte sufficient in substance, a key step before lawmakers determine whether there are enough grounds to proceed with formal hearings.
Under the rules, Duterte has 10 days to submit an answer to the complaints. Complainants will then have three days to file a reply, followed by another three days for the vice president to submit a rejoinder.
After the exchange of pleadings and submission of evidence, the justice committee will determine whether there are sufficient grounds supporting the impeachment complaints.
“When all the responsive pleadings are complete, including the evidence and attachments, then that is the time that the justice members determine whether or not there is sufficient ground that supports the impeachment complaint,” Luistro said.
If the committee finds sufficient grounds, lawmakers will proceed to the hearing stage, where witnesses may be invited and evidence presented.
Luistro said requests to obtain documents — including bank records — would be subject to approval by the committee.
“The justice committee is a collegial body. I cannot decide on my own. It should always be the decision of the majority, especially when it comes to bank records because that is a very sensitive matter,” she said.
The impeachment complaints accused Duterte of a number of offenses, including misuse of confidential funds, unexplained wealth, bribery and betrayal of public trust.
One of the allegations involves supposed undisclosed assets and income in her statement of assets, liabilities and net worth.
Luistro said the lack of bank documents attached to the complaints at this stage is understandable because financial records are protected under the bank secrecy law.
“In other words, it is understandable why there are no documents yet attached because of the protection provided by the bank secrecy law,” she said.
“But we have to remember that impeachment proceedings provide a legal avenue for complainants to look into and obtain bank records which they may use in support of their impeachment complaint,” she added.
Luistro said respondents may still challenge such moves if they believe the committee’s actions are improper.
“If they are not satisfied with the ruling of the justice committee, they can file a motion for reconsideration, and they can also go to the Supreme Court,” she said.
She added that the committee is expected to begin formal hearings on the impeachment complaints after Holy Week, once all pleadings and evidence have been submitted.
“I think it is safe to start in the second week of April, after Holy Week,” Luistro said.
