VP OK to BIR box opening in closed doors–de Lima
House prosecutors on Monday said Vice President Sara Duterte’s legal team has dropped its earlier objection and is now willing to allow a sealed box containing her tax records to be marked as evidence before the Senate impeachment court, although the defense wants the process conducted in executive session.
The shift came a week before the Senate convenes as an impeachment court, with prosecutors arguing that transparency requires the Bureau of Internal Revenue (BIR) records to be opened and catalogued publicly.
Mamamayang Liberal Rep. Leila de Lima, a member of the House prosecution panel, said Duterte’s lawyers had initially opposed even the marking of the BIR records but have since agreed in principle.
The prosecution, however, questioned the need for secrecy.
“It is the prosecution’s right at this point to really mark those exhibits because they are included in our evidence,” De Lima said. “Why does an executive session still need to be held?”
The green cardboard box containing the tax records of Duterte and her husband, lawyer Manases Carpio, was turned over by the BIR to the House committee on justice during hearings in April but remained sealed. It was secured with tape and signed by BIR Commissioner Charlito Mendoza to prevent tampering.
Prosecutors consider the tax documents crucial in linking Duterte’s statements of assets, liabilities and net worth and an Anti-Money Laundering Council report on her bank transactions to allegations of unexplained wealth in the impeachment complaint.
“The prosecution will really insist that the BIR box should be opened, and its contents should be seen,” De Lima said.
She stressed that opening the box at this stage would merely allow both parties to inspect and catalogue the evidence, not determine its admissibility or weight.
Lawyer Benjamin Tolosa Jr., the prosecution panel’s legal spokesperson, welcomed the defense’s revised position.
“We would like to take that as a positive step towards transparency,” Tolosa said. “Compared to their original stance of not even allowing us to mark it, now at least we will finally be able to see the contents of that BIR box.”
Also on Monday, impeachment clerk of court Renato Bantug said the Senate impeachment court electronically served its pretrial order to both the prosecution and the defense following the five-day pretrial conference.
The order outlines the evidence and witnesses identified, the proposed trial schedule, the number of hearing days, and the sequence for tackling the articles of impeachment. Both sides have three days to comment before any revisions are made.
Reinforced team
The prosecution also reinforced its legal team ahead of the July 6 trial, adding veteran litigators Reynold Robles and Arnold Labay of Chan Robles and Associates, commercial litigation expert Mae Divinagracia, and former Supreme Court spokesperson Theodore Te.
“These are seasoned lawyers, and their experience can help the prosecution in presenting its case clearly and with seriousness that the Filipino people deserve,” De Lima said.
Former Surigao del Norte Rep. Robert “Ace” Barbers joined as adviser and spokesperson.
Akbayan Rep. Chel Diokno defended the expanded roster, likening the prosecution’s task to building a house.
“The prosecution is like building a house. There are many plans and many things that need to be done,” he said. “The defense only has to demolish it.”
Dismissal is unconstitutional
The House panel also vowed to oppose any move to terminate the impeachment proceedings without a full trial.
Diokno maintained that the Constitution requires the Senate, sitting as an impeachment court, to hear evidence before rendering judgment.
“The function and duty of the Senate is to conduct a trial, hear the evidence and then come up with a decision,” Diokno said.
Last year, the Senate returned the first impeachment complaint against Duterte to the House over constitutional concerns.
Meanwhile, prosecutors said the Senate impeachment court may subpoena former Davao City sheriff Abe Andres if he refuses to testify. Andres, now a Supreme Court human resource officer, earlier said he did not want to be involved in partisan politics.
“The impeachment court has compulsory processes. Recalcitrant witnesses could be subpoenaed,” Divinagracia said.
Diokno agreed, saying witnesses cannot simply decide whether they will testify.
Andres was involved in the 2011 incident in which Duterte, then Davao City mayor, punched him during a court-ordered demolition. Prosecutors plan to present him to establish what they describe as a pattern of violent behavior relevant to allegations that Duterte threatened President Marcos, first lady Liza Araneta-Marcos and former Speaker Martin Romualdez.
The Philippine National Police, meanwhile, said it has heightened security monitoring ahead of the proceedings despite detecting no specific or credible threats.
PNP chief Gen. Jose Melencio Nartatez Jr. said police are monitoring possible extremist activities, public disturbances and misinformation campaigns while coordinating with the Senate and other agencies.
The Senate has also reopened its premises to visitors under its Visitor Management System after earlier restricting access because of security concerns. —WITH REPORTS FROM JOHN ERIC MENDOZA AND JASON SIGALES
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