Defense counsel Atty. Michael Poa clarified that the defense is not claiming Vice President Sara Duterte is immune from investigation or prosecution for possible violations of the law, but argued that the impeachment trial must remain limited to impeachable offenses defined by the Constitution.
During the sixth day of the impeachment trial on Wednesday, Poa said the issue before the Senate impeachment court is not whether the Vice President can be held liable under other laws, but whether the evidence being sought is relevant to the impeachment case.
“I agree po under the Tax Code that Section 71 provides that if the President orders, then nawawala na po yung confidentiality. However, Your Honors, even given that there's an order from the President, I think we should still think about relevance,” Poa said.
He questioned the purpose of examining the requested documents, asking, “Para saan ba ini-examine yung mga dokumento? Hindi ba para sa impeachment proceeding?”
Poa stressed that the defense does not argue against legal accountability if violations are committed.
“Hindi po namin sinasabi na kung sakaling nagkamali man ang Bise Presidente, kung sakaling may paglabag man sa batas ang Bise Presidente noon, ay hindi na pwedeng maparusahan,” he said.
He added that other legal remedies remain available for alleged violations outside the scope of impeachment.
“Marami naman pong paraan. You can file cases against the Vice President for those infractions. Pero pag impeachment pong pinag-uusapan, we are limited to what impeachable offenses are. And again, the Supreme Court is clear about that,” Poa said.
