Metro Manila, Philippines – The Impeachment Court’s partial approval of the prosecution’s motion to subpoena the bank, tax, and Anti-Money Laundering Council (AMLC) documents of Vice President Sara Duterte and her husband, Mans Carpio was a win for accountability, prosecutors said Monday, July 20.
READ: Impeachment Court partially grants prosecution subpoena for Duterte’s financial records
Bicol Saro Rep. Terry Ridon, the lead prosecutor for the article on unexplained wealth, issued this statement, noting that the ruling is victory for truth.
“Panalo ito ng taumbayan,” he added.
[Translation: This is a win for the Filipino people.]
Mamamayang Liberal Rep. Leila de Lima, another prosecutor, said the decision was also a triumph for the court for upholding its constitutional authority.
“Hindi ito nagpahina doon sa mga supposed confidentiality provisions,” she said, in reference to the National Internal Revenue Code, which provides certain limitations on the disclosure of tax documents.
[Translation: The court didn’t exercise a weak stance over the supposed confidentiality provisions.]
The seasoned lawyer also attributed the prosecution’s score to veteran litigator, Chel Diokno, who represented the panel in convincing the senator judges to grant the twin motions.
De Lima said while she expects the defense team to raise the issue to the Supreme Court, the prosecution remains unfazed of that possibility.
“Nakailan na ba silang mga petition, although hindi naman sila nakakakuha ng TRO from the Supreme Court,” she told reporters.
[Translation: They have filed some petitions already, although they failed to secure a temporary restraining order from the Supreme Court.]
For instance, Duterte’s lawyers failed to secure a stay order when it asked the court to block the clarificatory hearings of the House justice committee in April.
‘Anticipated’ but still a minor blow
On the part of the defense, panel spokesperson Michael Poa said they anticipated the Impeachment Court’s decision and were prepared for the outcome, but admitted that the grant of the subpoena was a slight blow.
“Sa amin, syempre hindi namin magkakailan na we had strong grounds to oppose, yun yung pananaw namin. As to setback, we’re ready naman whatever happens. The possibility of this happening is something we also anticipated so ‘di naman natin masasabi na malaking malaking setback ‘to,” Poa told media in a post-trial briefing.
[Translation: For us, we can’t deny that we had strong grounds to oppose, that’s our perspective. As to setback, we’re ready for whatever happens. The possibility of this happening is something we also anticipated so we can’t say that it’s a major setback.]
The defense panel is also looking at legal remedies to challenge the prosecution’s subpoena, including raising it before the Supreme Court, but they have yet to consult Duterte for their next steps.
“To be perfectly clear, we’re not even sure that a motion for reconsideration is something we’re allowed to do parang wala sa rules,” Poa said.
[Translation: It doesn’t appear to be in the rules.]
Reporters asked if the defense considered the caveats put in place on the prosecution’s request as small wins. For example, the presiding officer said the subpoenaed documents can only support the prosecution’s arguments for Impeachment Article II centered on Duterte’s alleged unexplained wealth, and that these records cannot be used to allege more independent impeachable offenses.
Poa felt that these “safeguards” were lacking. He also described the prosecution’s subpoena request as overbroad in scope. The approved documents are dated from 2007 up until 2021, spanning Duterte’s mayorship and vice mayorship of Davao City; both are unimpeachable offices.
“So even if we were to consider them as small wins palagay ko at the end of the day, on the substance of what happened, I think it’s something we really have to look into and see if we want to avail of remedies,” the spokesperson said.
Moving forward, the defense said it is looking to object to any documents that the prosecution may raise which stem from the subpoena on Duterte’s financial records.
Poa does not expect the subpoenas to delay the trial proceedings. He also mentioned that his panel was ready for the upcoming testimony of National Bureau of Investigation Director Melvin Matibag, who will take the witness stand on Tuesday, July 21.
