The defense team of Vice President Sara Duterte on Wednesday urged the Senate impeachment court to dismiss the request of the House prosecution panel for the issuance of subpoenas for her bank and tax records.

On the sixth day of impeachment trial, the defense and prosecution teams presented their legal positions regarding the prosecutors’ requests for the Senate impeachment court to issue subpoenas for Duterte’s bank records as well as her tax-related documents contained in a sealed box from the Bureau of Internal Revenue (BIR).

“The issue before the impeachment power is not whether you possess the power to issue a subpoena, the real issue is whether such power may be exercised in a manner that disregards due process and compels the production of documents and information that is beyond what is allowed by law,” defense lawyer Atty. Michael Poa said in his opening speech.

“When a subpoena becomes oppressive, unreasonable and merely issued for the very purpose that is a hope that somewhere, somehow, something incriminating will come out, it ceases to be an instrument of justice, it becomes a weapon of fishing expedition. That’s exactly what confronts the very court today and that is why the defense has taken the position that prosecution’s request must be denied,” he said.

According to the defense, the prosecution accused Duterte of allegedly amassing unexplained wealth first before searching for evidence. Poa also said allowing the issuance of subpoenas would constitute violations on laws on confidentiality including the Anti-Money Laundering Act, Tax Code, and Bank Secrecy Law.

The defense further argued the requests are “fatally overbroad,” saying it covers financial records on years that Duterte has yet to serve as Vice President as well the records of her husband, Manases Carpio, who is not an impeachable officer.

“We should not allow this. In closing, the prosecution has repeatedly invoked accountability. We agree with them. No one is above the law, but in the same manner, no one must fall below or be outside the protection of the law,” said Poa.

“Impeachment is indeed a powerful Constitutional tool but your Honors, impeachment is not a magic wand that one can just waive to transform an illegal act into a legal act; to transfer illegal access to legal access. That is not what the Constitution contemplates, that is not the laws enacted by the Congress contemplate; that is not something the honorable Impeachment Court should allow,” he said.

Poa spoke on behalf of the defense team after the prosecution urged the court to let the truth to come out by allowing the opening of Duterte’s bank and tax records, arguing this is within the court’s authority.

Prosecutor Chel Diokno of Akbayan party-list, in arguing for the prosecution, said issuing a subpoena for these documents is well within the Senate’s constitutional mandate to try and decide impeachment cases. — VDV, GMA News

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