Most of subpoena decision was ready before VP impeachment trial began — spokesperson

Most of the ruling issued by Senate impeachment court presiding officer Francis "Chiz" Escudero authorizing subpoenas for Vice President Sara Duterte's bank and tax records had already been drafted even before the impeachment trial formally opened on July 6, court spokesperson Regie Tongol said Monday.

Tongol explained that Escudero had initially been prepared to resolve the prosecution's request for subpoenas on the opening day of the trial because the request had already been included in the House prosecution panel's pre-trial brief.

“However, upon manifestation of House Prosecution Panel Congressman Chel Diokno that they have filed a renewed request for subpoena, the resolution of the presiding officer was deferred,” he said.

According to Tongol, Escudero also agreed to hold off on issuing the ruling after the defense sought a copy of the renewed subpoena request and senator-judges asked that both sides first present oral arguments.

“Basically, the main chunk of the decision of the Presiding Officer has already been prepared even before July 6,” Tongol said.

He added that Escudero presented the draft to fellow senator-judges during a caucus on July 15, after which they asked for additional time over the weekend to study the proposed ruling.

“That is the request of the other senator-judges to study it until the weekend and until today. So, handa naman siya ever since,” he added.

On Monday, the Senate impeachment court granted the prosecution's request to subpoena the bank and Anti-Money Laundering Council (AMLC) records of Duterte and her husband, Manases Carpio. It also approved the issuance of a subpoena for documents related to the vice president's tax records.

Tongol said the subpoenas would be issued within the day and could be transmitted to the concerned agencies by Tuesday.

He added that BIR Commissioner Charlito Martin Mendoza has been directed to respond to the subpoena on July 30, noting that the commissioner may present the subpoena to President Ferdinand Marcos Jr. in seeking the authority required under the National Internal Revenue Code to disclose taxpayer records.

“He now has this subpoena to show the President for the President to now respect a co-equal branch of the government for him to issue the permission to the BIR Commissioner,” Tongol said.

“As the presiding officer has said, it is cognizant that this is the first step that might trigger such permission to be had, and he also explained it in his resolution that without such permission, no evidence from the BIR will be allowed to be taken by the impeachment court.”

Under Section 71 of the National Internal Revenue Code of 1997, taxpayer records may only be opened for inspection upon the President's order, with the taxpayer's waiver, or upon the request of a foreign tax authority with presidential approval.

-Paraluman News