THE House Committee on Justice may compel the production of bank records and the appearance of key witnesses as it tackles the impeachment complaints against Vice President Sara Z. Duterte, with Chairperson Gerville “Jinky Bitrics” Luistro of Batangas saying impeachment proceedings fall under an exception to the Bank Secrecy Law.
Luistro said the committee is armed with the “power of compulsory process,” allowing it to require the submission of documents – including bank records – and to compel witnesses to testify during hearings.
“We also need to understand that the Justice Committee has been granted the power of compulsory process by law. Ito yung tinatawag natin na issuance of subpoena duces tecum if it pertains to relevant documents,” Luistro, a lawyer, told a radio interviewer Thursday.
She added that the same authority may also be used to require witnesses to appear before the committee, depending on what the parties seek to present.
“So both parties actually can file the necessary motion in order that they may avail themselves of the compulsory process of the Justice Committee,” Luistro said.
Asked if bank secrecy could be invoked to block access to financial records, Luistro pointed to impeachment as the legal carve-out.
“The exception to the Bank Secrecy Law is impeachment proceedings,” Luistro said.
“As a matter of fact, that is the reason I volunteered to the members of the Justice Committee during yesterday’s (Wednesday) hearing. The information that the records of the bank are protected by the Bank Secrecy Law and we cannot therefore expect the complainants to have already attached the bank records because that is prohibited. As a matter of fact, impeachment is the only avenue where you can look into and avail of the documents without violating the Bank Secrecy Law,” Luistro said.
“So the only way to request a copy of the bank document is through the compulsory process of the Justice Committee to compel the bank to produce these documents. That is by way of subpoena duces tecum,” Luistro added.
