HOUSE prosecutor Akbayan Party-list Rep. Jose Manuel “Chel” Diokno on Tuesday described the Senate impeachment court’s decision to subpoena the financial and tax records of Vice President Sara Z. Duterte and her husband as a “big step forward” in the prosecution’s effort to prove the impeachment charge of unexplained wealth.
Diokno, who argued the House prosecution’s motions during oral arguments before the impeachment court, said the ruling significantly advances the prosecution’s preparations for second impeachment article.
“‘Yung nangyari po kahapon sa aming pananaw ay isang big step forward insofar as the prosecution of Article II on unexplained wealth is concerned,” Diokno said during a press briefing.
He added: “Pero gusto ko rin bigyang-diin na ito ay isang developing story. Hindi pa ito tapos dahil simula pa lang actually ito ng pagpre-prepare namin for the documents that will be produced on July 30.”
On Monday, the Senate impeachment court granted nearly all of the prosecution’s motions to subpoena Duterte’s bank and tax records, Anti-Money Laundering Council (AMLC) documents, and corporate documents involving businesses in which she and her husband, lawyer Manases “Mans” Carpio, have financial interests.
The court excluded foreign currency-denominated accounts from the subpoena and denied the request covering two of the 21 corporations identified by the prosecution.
Legal spokesperson and private prosecutor Atty. Benjamin “Jay” Tolosa Jr. reiterated that the ruling was a major victory for the search for truth and accountability.
“Pinakita nito na sa isang impeachment proceeding, ang katotohanan ay hindi hinuhulaan at mas lalong hindi kinukubli. Ito ay sinisiyasat nang mabuti at pinapatunayan gamit ang ebidensya,” Tolosa said.
Tolosa said the subpoenaed documents would allow the prosecution to present what it says is the complete picture of Duterte’s wealth when it begins presenting evidence on the unexplained wealth article.
“Magkakaroon tayo ng pagkakataon na makita na natin nang buo ang buong yaman ng Bise Presidente. At napakahalaga nito with respect dito sa article on unexplained wealth,” Tolosa said.
Diokno clarified, however, that Monday’s ruling dealt only with compelling the production of documents and not their admissibility as evidence.
“Tulad ng nabanggit natin kahapon, wala pa po tayo sa punto na admissibility of evidence ang pinag-uusapan,” he said.
“Ang nais lang namin doon sa aming request for subpoena ay madala dito ‘yung mga specified documents,” Diokno added.
He said the Senate impeachment court will determine whether the subpoenaed documents are admissible only after the prosecution formally offers them as evidence during its presentation of the unexplained wealth charge.
“‘Yung darating po tayo sa issue ng offer of evidence and admissibility of evidence ‘pag nagpe-presenta na ang Article II team ng aming ebidensya at testigo on unexplained wealth,” he said.
For now, Diokno said, the impeachment trial will first proceed with the article involving Duterte’s alleged threats, followed by the presentation of evidence on the alleged misuse of confidential funds before the prosecution takes up the unexplained wealth charge.
“Abangan po natin ‘yung mga susunod na kabanata. Marami pa naman mangyayari before we reach unexplained wealth. We will be dealing with, of course, today the threats article and then tomorrow we start with the confidential funds,” he said.
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