PRIVATE prosecutor Atty. Lorna Kapunan cautioned Tuesday that any prenuptial agreement suddenly put forward by Vice President Sara Z. Duterte’s defense to exclude her husband’s assets from the case would be rigorously examined for authenticity.
Speaking on On Point, Kapunan noted that the Senate impeachment court has already recognized the absolute community of property regime as the standard governing the couple’s finances — meaning assets acquired during marriage are shared — so introducing a previously undisclosed marriage settlement at this stage would naturally raise doubts. “If all of a sudden a prenuptial agreement appears, we will question it,” she stated.
Kapunan anticipates the defense will argue that records linked to Atty. Manases “Mans” Carpio should be disregarded because he is not the one facing impeachment. The prosecution, however, maintains that under the Family Code, property held by one spouse is presumed to belong to both, especially when determining a public official’s net worth and compliance with disclosure requirements. Even if a prenuptial agreement existed, Kapunan pointed out that it would not automatically absolve Duterte of her legal duty to declare financial interests, and any such document would have had to be executed before the marriage to be valid.
The prosecution’s evidence package for Article II includes bank records, business interests, and properties associated with both Duterte and Carpio. Kapunan emphasized that if the defense attempts to produce a previously unmentioned agreement, prosecutors will investigate its origin and execution. “If something surfaces only now, we will ask: is it genuine?” she said. The senator‑judges will ultimately decide whether Carpio’s financial records are admissible and relevant to the charge of unexplained wealth and incomplete disclosures against the Vice President.
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