Diokno asserts court's power over VP Sara's bank records

CEBU, Philippines — House prosecutor Rep. Chel Diokno of Akbayan Party-list asserted that the impeachment court possesses constitutional authority over the bank and tax records of Vice President Sara Duterte.

Addressing the senator-judges on the sixth day of Duterte's impeachment trial on Wednesday, July 15, Diokno argued that the Senate must reject the defense's attempts to shield the vice president's financial records from scrutiny.

"Nothing and no one can handcuff this Court's power to try and decide this impeachment case," Diokno said.

"Since this Impeachment Court has the sole power to determine what constitutes an impeachable offense, no one – not the Supreme Court, much less the defense can impose limitations on that power. No one can dictate to this Impeachment Court how to exercise the exclusive power to decide what constitutes an impeachable offense," he added.

Diokno argued that the bank and tax records of Duterte and her husband, Manases Carpio, are indispensable to proving the allegations under Article II of the Articles of Impeachment.

The charges under Article II accuse Duterte of amassing unexplained wealth far exceeding her lawful public salary, failing to declare multiple assets in her Statements of Assets, Liabilities, and Net Worth (SALNs) from 2022 to 2025, and violating the constitutional prohibition against engaging in business while in office.

According to Diokno, the defense cannot invoke the Bank Secrecy Law to block the proceedings because the law expressly provides an exception for impeachment cases.

"The law explicitly states, and I quote its pertinent portions: "All deposits…are hereby considered as of an absolutely confidential nature…except…in cases of impeachment," he said.

Diokno also cited a previous Anti-Money Laundering Council (AMLC) report submitted to the House Committee on Justice, saying Duterte's financial transactions surged beginning in 2007 when she became vice mayor of Davao City.

According to Diokno, her transactions peaked at more than P704 million in 2009.

Diokno also said that during her successive terms as vice mayor and mayor of Davao City from 2007 to 2013, her cumulative financial transactions exceeded P3.02 billion, a figure the prosecution argues is grossly disproportionate to her official income.

"If she amassed staggering amounts of unexplained wealth while she was a vice mayor and mayor, doesn't that say a lot about her unfitness to serve as a vice president? Isn't that relevant to the question this Court must resolve at the end of this trial, of whether or not the Vice President betrayed the trust given to her by the people?" Diokno said.

In response to Diokno's arguments, defense counsel Michael Poa said a subpoena for the vice president's bank and tax records would amount to a "fishing expedition."

"When a subpoena becomes oppressive, when it is unreasonable, and when it is merely issued for the very purpose that there is a hope that somewhere, somehow, something incriminating will come out, it ceases to be an instrument of justice. It becomes a weapon of a fishing expedition. And that is exactly what confronts this very court today," Poa said.

"And that is why the defense has taken the position that the prosecution's request must be denied. Allow me to explain and let me begin with constitutional points. It is a legal and constitutional procedure with political characteristics," he added.

Following the arguments of Diokno and Poa, the senator-judges went into recess to deliberate on whether Duterte's bank and tax records should be subpoenaed.

On July 6, the Senate impeachment court returned to the Bureau of Internal Revenue the "BIR Box" containing the tax records of Duterte and her husband. — Philstar.com