House prosecutors seek opening of sealed BIR records in VP Duterte impeachment case

The House prosecution panel is seeking access to tax documents of Vice President Sara Duterte that have remained sealed since being turned over by the Bureau of Internal Revenue (BIR), arguing that the ongoing pretrial proceedings provide the appropriate opportunity to examine their contents.

Mamayang Liberal (ML) Party-list Rep. Leila de Lima, a member of the prosecution team, said a manifestation was filed on Wednesday asking the Senate impeachment court to authorize the opening of the sealed BIR box so its contents can be inventoried as part of the evidence-marking process.

"Since we are in the marking of exhibits, this is the proper stage na kailangan na rin siguro buksan 'yan para magkaroon ng inventory of the contents of that particular BIR box," De Lima told reporters.

"Sa tingin namin, that will aid also in a more efficient and more expeditious conduct of trial kung maipabuksan na rin 'yan ngayon during the stage ng pre-trial," she said.

The documents are tied to allegations under Article II of the impeachment complaint, which concerns claims of unexplained wealth. The House panel had previously subpoenaed Duterte's income tax returns as part of its inquiry into the allegations.

In April, however, members of the House Justice Committee voted to keep the box sealed after the BIR cited restrictions under the National Internal Revenue Code. The agency maintained that tax returns may only be disclosed under specific circumstances and examined in executive session rather than during public proceedings.

De Lima said prosecutors hope the box can be opened before the conclusion of the pretrial phase and before the impeachment court issues its pretrial order.

"Yes, if possible… kung makahabol pa bago matapos talaga 'yung pre-trial at bago mag-issue ng pre-trial order para makita na, para tapos na, para malaman na rin ng both parties kung gagamitin nila 'yung mga contents, 'yung mga documents na nandyan sa box na 'yan ng BIR. That is in relation to unexplained wealth, Article 2," she said.

Aside from the request involving the BIR records, the prosecution panel also asked that both English and Filipino be recognized as official languages during the trial. It likewise sought guidance on the implementation of the three-day disclosure rule for surprise witnesses and evidence, and proposed that both public and private prosecutors be allowed to examine witnesses.

The defense team has yet to formally respond to the filing.

"Hindi pa namin nababasa nang malaliman. As you know we’re at the marking but we will formally respond to the manifestation," said lawyer Michael Poa, one of Duterte's legal counsels.

-Paraluman News