MANILA, Philippines — House prosecutors on Sunday said they are confident the Senate impeachment court will approve their request to subpoena Vice President Sara Duterte’s financial records when it votes on the motion Monday, arguing the documents are necessary to determine allegations of unexplained wealth in her impeachment trial.
The proposed subpoena seeks Duterte’s bank accounts, tax records and documents from the Anti-Money Laundering Council (AMLC), as well as records belonging to her husband, lawyer Manases Carpio.
Prosecution spokesperson Benjamin Tolosa Jr. said the request has a strong legal basis, citing the 2012 impeachment trial of former Chief Justice Renato Corona, during which the Senate ordered the production of bank records despite bank secrecy protections. He said Republic Act No. 1405 exempts impeachment proceedings from bank secrecy rules.
Tolosa said prosecutors believe the records are essential to proving allegations under Article II of the articles of impeachment, which accuses Duterte of amassing unexplained wealth and betraying the public trust.
The Senate deferred action on the request after oral arguments last Wednesday.
Prosecutor Chel Diokno argued that the Senate, acting as an impeachment court, has constitutional authority to compel disclosure of confidential financial records. He said the bank secrecy law allows disclosure during impeachment proceedings and that the Data Privacy Act permits the release of records under a valid subpoena.
Diokno also argued that financial records dating back to Duterte’s service as Davao City vice mayor and mayor are relevant because the impeachment complaint alleges she accumulated unexplained wealth while serving as a public official. He cited an AMLC report presented before the House that showed financial activity exceeding P3 billion from 2007 to 2013.
Lead defense counsel Michael Poa opposed the request, describing it as a “fishing expedition.” He argued that prosecutors sought the records only after the impeachment complaint had been filed and said the subpoena was overly broad because it covered periods when Duterte held positions that were not subject to impeachment.
Poa also argued that while the bank secrecy law recognizes an impeachment exception, disclosure must still comply with due process. He said the Anti-Money Laundering Act and the National Internal Revenue Code do not provide impeachment exceptions for AMLC reports and tax records, and objected to the inclusion of Carpio’s records because he is not an impeachable official.
Civil society groups also urged senator-judges to approve the subpoena. The August Twenty-One Movement called on the Senate not to repeat the “second envelope” controversy during former President Joseph Estrada’s 2001 impeachment trial, while the faith-based coalition Kingdom Keepers said public officials must remain accountable for their financial records.
Duterte faces four articles of impeachment alleging misuse of confidential funds, unexplained wealth and threats against President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos and former Speaker Martin Romualdez. Conviction would remove her from office and permanently disqualify her from holding public office.
Tolosa also said National Bureau of Investigation Director Melvin Matibag is expected to testify Tuesday regarding the agency’s investigation into Duterte’s alleged threats against the President.
