Prosecution: No reason for President Marcos to block BIR compliance with Senate subpoena

The House prosecution panel on Monday expressed hope that President Ferdinand Marcos Jr. would authorize the Bureau of Internal Revenue (BIR) to comply with the Senate impeachment court's subpoena for Vice President Sara Duterte's tax records, saying they see no basis for withholding such approval.

“We certainly would hope that he would give the authority. Wala kaming nakikitang dahilan para hindi ibigay ng Pangulo yung consent niya doon sa pag comply nung subpoena sa pag produce nung pina-subpoena,” Prosecutor Leila de Lima said in a briefing.

The Senate impeachment court earlier approved portions of the prosecution's request for subpoenas covering Duterte's tax records, as well as Anti-Money Laundering Council (AMLC) documents and bank records involving the vice president and her husband, Manases Carpio.

While the National Internal Revenue Code provides that a taxpayer's records may be opened for inspection upon the President's order, a taxpayer's waiver, or a request from a foreign tax authority with presidential approval, De Lima said those provisions do not prevent the impeachment court from issuing a subpoena.

She added that BIR Commissioner Charlito Martin Mendoza could still seek the President's consent before complying if he wanted to ensure that the disclosure would not run afoul of Section 71 of the tax code.

As an example, De Lima recalled that former BIR Commissioner Kim Henares sought presidential approval before complying with a subpoena, even though such authority was not expressly required in the subpoena itself.

For his part, prosecution spokesperson Jay Tolosa declined to speculate on how the BIR commissioner would respond, stressing that the matter should be left to the agency's discretion.

“Ilang beses naman na naulit ‘yan na ang consent of the president is one of the means by which disclosure could be allowed. Ito din naman ho ‘yung sinasabi din namin. Paulit-ulit na wag natin pangunahan ang magiging aksyon ng BIR Commissioner sa bagay na ito,” Tolosa said.

“Ito din naman ho ‘yung sinasabi namin paulit-ulit na huwag nating pangunahan kung anong magiging aksyon ng BIR Commissioner sa bagay na ito,” he added.

The prosecution panel also welcomed the impeachment court's ruling, describing the issuance of the subpoenas as a victory for truth and accountability.

-Paraluman News