THE House Committee on Justice, in a 21-4 vote, granted a motion on Wednesday to defer the opening of the income tax return submissions of Vice President Sara Z. Duterte and her husband, Atty. Manases Carpio, keeping the documents under seal following a lengthy debate over the legal risks of making them public.
“With 21 votes in the affirmative, four votes in the negative, and zero abstention, the motion to lay on the table the issue of opening the box is hereby granted,” Justice Committee Chair Gerville “Jinky Bitrics” Luistro of Batangas said.
The Bureau of Internal Revenue (BIR) explained during Wednesday’s impeachment hearing that the National Internal Revenue Code allows the disclosure of tax information to Congress only in aid of legislation and, even then, “provided that the examination will be done in an executive session.”
BIR Commissioner Charlito Martin Mendoza cited Section 20(a) of the National Internal Revenue Code, which allows the BIR to furnish Congress with pertinent information, including industry audits, collection performance data, and status reports on criminal actions and taxpayer returns.
He noted, however, that any return or return information that can identify a taxpayer directly or indirectly may be provided to the appropriate congressional committee only when sitting in executive session, unless the taxpayer gives written consent for disclosure.
“Nauunawaan po namin ang kahalagahan ng mga dokumentong isinumite at isinubpoena ng House Committee on Justice. Nauunawaan din namin ang kahalagahan ng proceedings na ito, nagkataon lamang po na maliwanag nakasaad sa batas ang mga limitasyon sa pagbibigay ng impormasyon tungkol sa isang partikular na taxpayer at kami ay obligado na sundin ang batas,” Mendoza added.
Most committee members agreed that the panel is conducting impeachment proceedings, not a congressional inquiry in aid of legislation, warning that opening the sealed tax records without first reviewing legal remedies could prompt further legal action from the vice president.
Lanao del Sur Rep. Zia Alonto Adiong said that if income tax returns were allowed to be discussed openly in impeachment proceedings, “the law would have specified an exemption to include impeachment hearings.”
“Kung mayroon po sa bank secrecy law na-specify niya mismo na ito ay exemption para sa purpose niya ay impeachment proceeding, kung ganun din po ang intention ng batas na ‘yun na cinite ni commissioner, dapat cinite na po doon. Pero in this case, wala po. Ang sinabi lang po doon ay in aid of legislation that can only be opened and that can only be discussed in an executive session,” he said.
“Had the law intended also to include as an exemption ‘yung impeachment proceeding, then it would have been spelled out clearly in that law. Since wala po, we cannot interpret and provide our own interpretation doon sa batas na ‘yun,” Adiong added.
Luistro then asked the BIR when the sealed box of tax records could be opened, and under what conditions the contents may be disclosed if the Justice Committee is barred from accessing them.
Mendoza replied that, in his view, issues raised in the impeachment proceedings could potentially serve as basis for amending the Tax Code.
Luistro, however, pointed out that impeachment proceedings are not hearings in aid of legislation.
The BIR said that, under that principle, it could not disclose the documents.
ML Party-list Rep. Leila de Lima argued that the requirement effectively places impeachment proceedings in an “inferior” position compared to Congress’ legislative functions, stressing that the House, when sitting in impeachment, is performing a constitutional duty and should not be treated as subordinate in access to relevant information.
“Hindi po katanggap-tanggap sa akin na ang sasabihin po ngayon ng the honorable BIR commissioner na babawiin nalang namin ang kahon na ‘yan kasi nga hindi siya sakop sa exception, which is when mag-request in aid of legislation, when our role sitting in impeachment proceedings is a special constitutional duty. It is superior to that as to when we are acting merely as a legislative body,” she said.
Bicol Saro Party-list Rep. Terry L. Ridon also pointed out that the House Committee on Justice’s request for the income tax returns is not a routine request, but a subpoena.
Luistro clarified, however, that while the committee granted the motion to defer the unsealing of the BIR submissions, the Committee on Justice will not return the documents to the agency and will retain them in its custody under seal.
