THE House prosecution on Thursday expressed confidence in its legal position even if the defense brings to the Supreme Court the issue of opening Vice President Sara Z. Duterte’s financial and tax records in the impeachment trial.
“We’re very confident that we are on the right side of history,” prosecution counsel Atty. Lorna Kapunan said during a press briefing.
Kapunan made the remark when asked about the possibility that the defense could elevate to the high court any ruling of the Senate impeachment court allowing the production of Duterte’s bank and Bureau of Internal Revenue (BIR) records.
The defense argued before the Senate impeachment court that the prosecution’s request amounted to a “fishing expedition,” saying the financial and tax records were not attached to the verified impeachment complaints and that compelling their disclosure would violate Duterte’s rights to confidentiality and due process.
Kapunan said the defense is free to challenge the issue before the Supreme Court.
“Everybody has a right to question, you know. It is a part of due process. They can, of course, question,” she said.
She added, however, that the prosecution would not speculate on how the high court might rule.
“We cannot predict how the Supreme Court decides,” Kapunan said.
“But on the part of the prosecution and the state, the prosecutors representing the Republic, the state, we’re very confident,” she added.
The House prosecution has argued that an impeachment trial falls within recognized exceptions to bank secrecy and tax confidentiality laws.
It also maintains that the production of the records would not violate due process because the defense would have the opportunity to examine and challenge the evidence before the Senate impeachment court.
The Senate impeachment court has yet to rule on the prosecution’s request to subpoena Duterte’s financial and tax records, which it seeks to present as evidence on the article of impeachment alleging unexplained wealth.
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