Metro Manila, Philippines – It is time to open the controversial box containing Vice President Sara Duterte’s tax records during the pre-trial proceedings, the House prosecution panel said in a manifestation filed with the Impeachment Court on Wednesday, June 24.
House prosecutor and Mamamayang Liberal Rep. Leila de Lima said the pre-trial conference is the “proper stage” to unseal the box so its contents can be marked and used as evidence during the trial.
“Kasi kung ‘di gagawin ngayon saka lang sa trial pabubuksan, and then saka lang sa trial ipi-premark kung gagamitin as evidence by either or both parties,” De Lima told reporters in a chance interview on the sidelines of the pre-trial.
“Anyway, ongoing pa naman yung marking dito sa pre-trial… makahabol yung pagbukas ng BIR box na iyan, yung sealed BIR box, para malaman na, ma-inventory na yung kanyang mga laman,” she added.
[Translation: Because if this is not done now and the box is opened only during the trial, then its contents will also be pre-marked only during the trial if they are to be used as evidence by either or both parties… Anyway, the marking process during pre-trial is still ongoing. Hopefully, the opening of that BIR box — the sealed BIR box — can still be accommodated so that its contents can be identified and inventoried.]
The House committee on justice, by a majority vote in April, deferred opening the box submitted by the Bureau of Internal Revenue (BIR) after it was subpoenaed. Some lawmakers cited the confidentiality provision under the National Internal Revenue Code, while others argued that the need for accountability should prevail.
The BIR records were expected to show whether the income of Duterte and her husband, Mans Carpio, is consistent with the wealth they declared in their 2024 statement of assets, liabilities, and net worth (SALN), which listed a wealth of ₱88.5 million.
Deciding authority
In a separate interview, Senate Secretary Rey Bantug said it is beyond his authority as clerk of court to decide whether the box should be opened.
He said he would inform Senate President Win Gatchalian of the prosecution’s request and believed Gatchalian, as presiding officer, would consult fellow senator-judges on the matter.
“Sa akin box pa rin lang siya because its 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 whether they will wait for the convening is an open question right now,” Bantug said.
Michael Poa, one of Duterte’s lawyers, said the defense will file a response to the prosecution’s manifestation but declined to provide details.
“Kami po, we’re reasonable people so konting pasensya lang, hintayin niyo lang po yung formal response. Kasi you know kami sa defense sumasagot lang kami sa tamang forum, tamang pamamaraan,” Poa said in another chance interview.
[Translation: We are reasonable people, so please be patient and wait for our formal response. As the defense, we respond only in the proper forum and through the proper procedures,” Poa said in another chance interview.]
Other requests
Meanwhile, in the same manifestation, the prosecution also requested that both English and Filipino be used during the trial to help the public better understand the proceedings.
It also asked that one public prosecutor and one private prosecutor be allowed to present each witness.
The prosecution likewise agreed to the defense’s request for a three-day notice before “surprise witnesses” — or witnesses who were not identified during the pre-trial conference — may be presented in court.
Tight timeline
The court is now racing against time to meet its target of completing the marking of evidence and issuing a pre-trial order by June 25.
Bantug said the worst-case scenario would be for the pre-trial proceedings to extend into a sixth day on Friday, June 26, allowing the pre-trial order to be issued the following Monday or Tuesday.
Both parties would then be given three days to comment, while the start of the trial remains on schedule for July 6.
“July 6 is still the date of the start of the trial proper of the impeachment case. While it may be difficult on the part of the court, on the part of the staff, at this point, July 6 as the start of the trial proper is not yet an impossibility. Tight, but not impossible,” Bantug said.
