Defense says it is not hiding VP Sara Duterte's bank, tax records

Vice President Sara Duterte's defense team on Wednesday insisted it is not attempting to shield her financial records from scrutiny, even as it asked the Senate impeachment court to deny the House prosecution panel's request to subpoena her bank and tax documents.

Speaking on the sixth day of the impeachment trial, defense lawyer Michael Poa said the camp's opposition is anchored on legal protections governing confidential financial information rather than any fear over what the records may contain.

"The issue before the impeachment power is not whether you possess the power to issue a subpoena, the real issue is whether such power may be exercised in a manner that disregards due process and compels the production of documents and information that is beyond what is allowed by law," Poa said during the oral arguments.

The House prosecutors are seeking subpoenas for Duterte's bank records, along with tax-related documents kept in a sealed Bureau of Internal Revenue (BIR) box, arguing these are necessary to establish allegations in the impeachment complaint.

Poa, however, maintained that the prosecution was looking for evidence only after accusing Duterte of possessing unexplained wealth, describing the request as an improper search for incriminating material.

"When a subpoena becomes oppressive, unreasonable and merely issued for the very purpose that is a hope that somewhere, somehow, something incriminating will come out, it ceases to be an instrument of justice, it becomes a weapon of fishing expedition. That's exactly what confronts the very court today and that is why the defense has taken the position that prosecution’s request must be denied," he said.

The defense also argued that granting the subpoenas would conflict with existing laws protecting confidential information, including the Anti-Money Laundering Act, the National Internal Revenue Code and the Bank Secrecy Law.

It further said the prosecution's request is too broad because it covers financial records from years before Duterte assumed the vice presidency and includes documents involving her husband, Manases Carpio, who is not subject to impeachment proceedings.

"We should not allow this. In closing, the prosecution has repeatedly invoked accountability. We agree with them. No one is above the law, but in the same manner, no one must fall below or be outside the protection of the law," Poa said.

"Impeachment is indeed a powerful Constitutional tool but your Honors, impeachment is not a magic wand that one can just waive to transform an illegal act into a legal act; to transfer illegal access to legal access. That is not what the Constitution contemplates, that is not the laws enacted by the Congress contemplate; that is not something the honorable Impeachment Court should allow," he added.

-Paraluman News