By Benjamin Cuaresma
MANILA — The sealed box containing the Bureau of Internal Revenue (BIR) tax records of Vice President Sara Duterte, her husband Manases Carpio, and their companies remains unopened after the defense formally filed its comment opposing the House prosecution panel’s motion to unseal the documents before the Senate impeachment court.
Senate Secretary and Impeachment Clerk of Court Renato Bantug said the matter was deferred to allow the defense sufficient time to respond to the prosecution’s request to open, inventory, and mark the contents of the sealed BIR box as evidence.
The defense confirmed on Friday that it had electronically submitted its comment before the close of office hours but declined to disclose its arguments.
“The Defense confirms that we have filed our Comment to the Prosecution’s Manifestation/Motion before the Impeachment Court,” defense counsel Michael Poa said in a statement.
Poa stressed that, under the Senate Rules on Impeachment, the defense would refrain from discussing the merits of its filing in public.
Responding to public remarks made by members of the House prosecution panel, Poa emphasized that only the Senate impeachment court—not the Clerk of Court—has the authority to resolve pending motions.
He also urged restraint from drawing conclusions before the impeachment court has ruled on the issue, saying the defense deserves the opportunity to present its position through proper legal channels.
The Senate concluded its five-day closed-door pretrial conference on Thursday, but the dispute over the sealed BIR records remains unresolved and could resurface when the trial formally begins on July 6.
The House prosecution panel considers the BIR records a significant piece of evidence in support of Article II of the Articles of Impeachment, which accuses Duterte of allegedly amassing wealth disproportionate to her lawful income and failing to accurately declare her assets, liabilities, and net worth.
Lead prosecutor Batangas Rep. Gerville Luistro earlier disclosed that the defense strongly opposed opening or even marking the sealed box during pretrial.
Manila Rep. Joel Chua questioned the objection, arguing that parties with nothing to hide should have no reason to resist the presentation of the records.
Bantug, however, noted that although the box remains sealed, it has already been identified in the prosecution’s pretrial brief and may still be considered during the presentation of evidence if the impeachment court eventually permits it.
The BIR documents were transmitted to the House Committee on Justice in April but were never opened after lawmakers opted to preserve the records due to jurisdictional concerns. The sealed box was later forwarded to the Senate together with the Articles of Impeachment.
Meanwhile, prosecutors said the impeachment trial presents the defense with an opportunity to establish the identity of Mary Grace Piattos, the alleged confidential funds recipient whose existence has been questioned during congressional inquiries.
Lawyer Jay Tolosa, a member of the private prosecution team, said that if Piattos is indeed a real person, she should personally appear before the impeachment court after being included in the defense’s witness list.
“If she appears before the court, then that settles the issue. But if she does not, it only strengthens our position that she is a fictitious individual,” Tolosa said.
Lanao del Sur Rep. Zia Alonto Adiong echoed the view, citing previous findings from House investigations, a Philippine Statistics Authority certification showing no record of a person named Mary Grace Piattos, and testimony from National Bureau of Investigation forensic experts regarding signatures on confidential fund documents.
The prosecution maintains that the impeachment court is the proper forum to determine whether Piattos is a genuine individual or merely a fabricated identity.
Separately, Sen. Panfilo “Ping” Lacson called on both the prosecution and defense panels to refrain from litigating the case in public before the impeachment trial begins.
Lacson warned that both camps appear to be engaging in a parallel “trial by public opinion” and urged the impeachment court to remind the parties to avoid discussing the merits of the case outside the proceedings.
The Senate impeachment court is scheduled to convene for the formal trial on July 6, when pending procedural issues—including the fate of the sealed BIR records—may finally be addressed.
ia/xf
