The House prosecution panel for the Senate impeachment proceedings has once again filed a request for the issuance of a subpoena for Vice President Sara Duterte’s documents with the Bureau of Internal Revenue (BIR), lead prosecutor and Batangas 2nd District Rep. Gerville Luistro said on Monday.
“About the BIR box, we likewise understand the position of the impeachment court. Nevertheless, we filed a new request for issuance of subpoena, and that pertains to an expanded list of documents of the BIR, not only the ITR (Income Tax Returns),” she told the media during a press conference following the adjournment of the first day of the impeachment trial.
“Hindi na lamang ITR, kung hindi maraming dokumento, which will be coming from the BIR. We are hoping na ito ay aksyunan ng BIR once the subpoena is issued by the impeachment court,” she reiterated later.
Additionally, former Congressman Robert Ace Barbers, who now serves as the panel’s spokesperson, stressed that the box turned over by the BIR during the House Justice Committee’s earlier proceedings retains its value as evidence and may be returned at the “proper time.”
“Yes, totoo, binalik ang BIR box, but this does not mean na nawala na ‘yung evidentiary value nitong ebidensya na ’to, because at the proper time, ibabalik po ito. Io-offer po uli ito ng ating prosecution and hopefully, the court will admit this as an evidence,” he said.
Luistro said she had not expected the order for the box’s return to the bureau, given Constitutional accountability mechanisms must prevail over any statute.
“The mandate of the Constitution should always prevail over any other statute. ‘Yung confidentiality, doon ‘yun napapaloob sa provision ng National Internal Revenue Code. But what we are trying to address here is our obligation under the Constitution, about accountability mechanism(s). At may sinasabi sa batas, if there’s a conflict between the Constitution and any statute the Constitution must always prevail. Nevertheless, we respect the impeachment court… We remain hopeful na makikita natin lahat ng BIR documents,” she said.
As of writing, the impeachment court has ordered that the box be handed back to the BIR. It contains the ITRs of Vice President Duterte and her husband, Atty. Manases Carpio—highly sensitive information, the disclosure of which has been a perpetual source of debate.
Presiding Officer Senator Francis “Chiz” Escudero clarified that while the box was transmitted to the Senate as part of the case documents. However, the Senate has yet to secure lawful custody over it.
