President Marcos may hold key in releasing VP Duterte's tax records, spokesperson says

Vice President Sara Duterte’s tax records could place President Ferdinand Marcos Jr. at the center of her impeachment trial if the Senate court orders their release, with spokesperson Reginald Tongol pointing to the 2012 case of Chief Justice Renato Corona as precedent for handling confidential documents.

In an online briefing, Tongol recalled that then-BIR Commissioner Kim Henares sought approval from then-President Benigno Aquino III after the court subpoenaed Corona’s tax records. That authorization protected Henares from liability under the National Internal Revenue Code (NIRC) while allowing compliance with the order.

Tongol explained that the subpoena came before Henares asked for presidential clearance, enabling the BIR to follow the court directive without risking contempt and avoiding penalties for disclosing protected taxpayer data.

Section 270 of the NIRC penalizes officials who unlawfully reveal confidential taxpayer information, including trade secrets.

“That was the process, which is why the presentation of tax records during the Corona impeachment trial was organized,” Tongol said.

He noted the same procedure could be applied if Duterte’s records are subpoenaed.

Still, members of the House prosecution panel remain cautious. “As much as possible, we do not want to disrupt the executive, given the president’s many responsibilities,” Manila Rep. Joel Chua said. “If there are other options available, we will explore those first.”

On Wednesday, the Senate impeachment court deferred a ruling on the prosecution’s bid to subpoena the bank and tax records of Duterte and her husband, Manases Carpio, after both sides argued over whether accountability should outweigh confidentiality protections.

Presiding officer Sen. Francis “Chiz” Escudero gave senator-judges until Monday to study the complex legal issues, noting both camps had filed memoranda of about 30 pages each.

Asked if only the President can authorize release of tax records, Tongol pointed to Section 71 of the NIRC, which states that income tax returns “shall constitute public records and be open to inspection as such upon the order of the President of the Philippines.”

“That power is provided by law,” he added.

-Paraluman News