PHOTO CREDIT: SENATE PH

The Senate, sitting as an impeachment court, has approved most of the House prosecution panel's request to subpoena financial records linked to Vice President Sara Duterte, allowing prosecutors to obtain documents they say are relevant to allegations of unexplained wealth under Article II of the impeachment complaint.

During Monday's proceedings, Presiding Officer Sen. Francis Escudero announced that the court had authorized subpoenas covering Duterte's income tax records from 2007 to 2021, her peso-denominated bank accounts, the accounts of her husband, lawyer Manases Carpio, and records from the Anti-Money Laundering Council (AMLC) involving the couple, 19 corporate entities, and the Carpio Lawyers partnership.

However, the impeachment court did not grant all of the prosecution's requests.

The senator-judges denied subpoenas for records belonging to JTC Group of Companies Philippines, Inc. and Pikimong Pikimong Philippines Corporation, saying no sufficient link had been established between the companies and either Duterte or Carpio. They also rejected requests for foreign-currency deposit records, which remain confidential under Republic Act No. 6426, or the Foreign Currency Deposit Act.

The subpoena covering Carpio Lawyers' financial records was only partially granted to protect information covered by attorney-client privilege. Meanwhile, AMLC records must first be submitted to the impeachment court for an in-camera review, allowing senator-judges to examine the documents privately before deciding whether any information may be disclosed during the trial.

The court also authorized a subpoena for Duterte's tax records from the Bureau of Internal Revenue (BIR). However, their disclosure will still depend on compliance with confidentiality provisions and applicable exceptions under the National Internal Revenue Code.

Before issuing the ruling, senator-judges questioned both the prosecution and the defense on whether the subpoena requests amounted to a "fishing expedition" or were supported by sufficient evidence related to the impeachment complaint.

Reading the court's resolution, Escudero said the requests met the legal standards required for the issuance of subpoenas.

"After a careful examination of the records requested, the court finds that the requested documents meet the requirements set forth above. They are reasonably described, readily identifiable, prima facie relevant, and material to allegations related to Article II," the resolution, read by Escudero, stated.

The ruling allows prosecutors to gather documents they argue are necessary to determine whether Duterte's declared assets and financial transactions are consistent with her lawful income. However, the subpoena order does not determine guilt or innocence, and several of the requested records remain protected by confidentiality laws and are subject to judicial safeguards before they can be disclosed.

Article II of the Articles of Impeachment accuses Duterte of amassing unexplained wealth. The Vice President has repeatedly denied the allegations and maintains that the impeachment case is politically motivated.

The Senate impeachment trial began earlier this month, with House prosecutors presenting evidence on the four articles of impeachment. Under the Constitution, at least 16 of the 24 senator-judges must vote to convict for Duterte to be removed from office and permanently disqualified from holding any public office.