The Senate impeachment court will not hear witness testimony as it resumes the sixth day of Vice President Sara Duterte’s impeachment trial on Wednesday, July 15. Instead, proceedings will focus on oral arguments over the prosecution’s evidence for Article II of the articles of impeachment, which alleges unexplained wealth and false Statements of Assets, Liabilities, and Net Worth (SALNs).
The prosecution and defense panels are expected to present oral arguments on the House prosecution panel's request to subpoena the tax, bank, and financial records of Duterte, her husband, lawyer Manases "Mans" Carpio, and businesses allegedly linked to them.
Among the records being sought are bank documents, records from the Anti-Money Laundering Council (AMLC), and tax records from the Bureau of Internal Revenue (BIR).
The Senate impeachment court is expected to determine whether the requested records are relevant and necessary to the proceedings.
Day 6 of VP Duterte Impeachment Trial Begins
The sixth day of the impeachment trial against Vice President Sara Duterte officially opened on Wednesday, July 15, with Senate President Win Gatchalian leading the opening prayer.
The Senate impeachment court was formally called to order as proceedings resumed.
Nineteen senator-judges were present for the continuation of the trial.
Padilla questions timing of Senators’ legal issues during Impeachment Trial
Senator Robin Padilla questioned whether the recent legal developments involving Senator-judges Jinggoy Estrada and Rodante Marcoleta were coincidental or intentional during the sixth day of the impeachment trial.
“Ang isang damdaming masasabi ko pong nagtatanong, sapagkat ang mga nangyayari po sa ating hukuman sa mga oras na ito, hindi ko po alam kung ito ba ay ekstakto lang na nangyayari o ito po ba ay sinasadya?” Padilla said on Wednesday.
He cited the detention of Estrada and Marcoleta, adding, “Katulad po ng pagkakakulong ng ating senator-judge na si Senator Jinggoy Estrada at si Senator Rodante Marcoleta.”
Diokno: Impeachment Court has power to review Duterte records
House prosecutor Rep. Chel Diokno argued that no law or administrative rule can limit the impeachment court’s authority to examine Vice President Sara Duterte’s bank records, tax records, and Anti-Money Laundering Council (AMLC) reports.
“This power comes directly from the Constitution, no one, no person, no law, no administrative rule can limit or supersede it,” Diokno said during the sixth day of the impeachment trial.
He said the documents are crucial in determining the truth behind Article 2 of the impeachment complaint, which involves allegations of unexplained wealth, adding that “ang hiling ng prosekusyon ay mailabas ang buong katotohanan.”
Defense argues due process must be protected in request for Duterte records.
Defense counsel Atty. Michael Poa maintained that impeachment proceedings do not remove Vice President Sara Duterte’s right to due process in the request for her bank records, tax records, and other documents related to the unexplained wealth allegations.
“The real issue is not whether such power exists, but when such power may be exercised in a manner that does not disregard due process,” Poa said during the sixth day of the impeachment trial.
He warned that an unreasonable subpoena could become “a weapon of a fishing expedition” instead of an instrument of justice.
House prosecutor Rep. Chel Diokno argued that the confidentiality of certain documents should not prevent the impeachment court from uncovering the truth regarding the allegations against Vice President Sara Duterte.
He said the court has the authority to examine bank records, tax records, and AMLC reports requested by the prosecution in connection with the unexplained wealth allegations.
Diokno added that confidentiality cannot be used to limit the impeachment court’s power to determine the truth and decide based on evidence.
Escudero praises calm debate between Prosecution and Defense
Senate President Chiz Escudero commended House prosecutor Chel Diokno and defense counsel Michael Poa for maintaining a respectful and composed exchange during their oral arguments
“Binabati ko ang magkabilang panig, partikular si Congressman, the honorable Chel Diokno, gayundin si Atty. Poa sa isang mahinahon, malumanay, maginoo, at magalang na diskurso at debate,” Escudero said.
The two sides debated over the prosecution’s request for subpoenas covering Duterte’s bank and tax records related to Article II of the impeachment complaint on alleged unexplained wealth.
Cayetano Calls for detailed caucus discussion on Duterte records subpoena request
Senator-judge Alan Peter Cayetano urged the impeachment court to thoroughly discuss in caucus the prosecution’s request to issue subpoenas for Vice President Sara Duterte’s records before making a decision.
Cayetano said the matters involved should be treated as separate issues, including whether the subpoena would cover Duterte or her husband, Atty. Mans Carpio, as well as peso accounts, dollar accounts, and company records.
“For me issuing the subpoena is not one issue. Whether the subpoena is to the VP or to her husband is one separate issue,” Cayetano said.
Impeachment Trial Goes on Recess for Senate Caucus
Presiding Officer Senator Chiz Escudero declared a recess in Vice President Sara Duterte’s impeachment trial to allow senator-judges to hold a caucus on the prosecution’s request to issue subpoenas for Duterte’s records.
Escudero said both sides would be informed of the resumption of proceedings after the meeting. He also advised the prosecution and defense to prepare for the next witnesses to be presented in the trial.
