IN BRIEF: Impeachment trial Day 6 tackles subpoena to open Duterte's bank, AMLC, tax records

The sixth day of Vice President Sara Duterte's impeachment trial on July 15 centered on oral arguments over the House prosecution's bid to access her bank and tax records.

Prosecutor Chel Diokno and defense counsel Michael Poa debated in a relatively calm exchange on whether Duterte's bank accounts, Anti-Money Laundering Council, and tax records should be examined.

Meanwhile, senator-judges Robin Padilla, Alan Peter Cayetano, and Pia Cayetano criticized the National Bureau of Investigation over the timing of its probe into alleged irregularities in the 2019 Southeast Asian Games, saying it could influence the impeachment proceedings.

The day's proceedings were also brief, with the Senate impeachment court holding a caucus that lasted for more than an hour.

Here's what happened on Day 6 of the trial.

Padilla, Cayetanos question timing of NBI's SEA Games 2019 probe 

Padilla and the Cayetanos criticized NBI Director Melvin Matibag's statement that the agency would investigate alleged anomalies in the bidding and funding of projects for the 2019 Southeast Asian Games.

On July 14, Matibag said the NBI recently received new information and documents on the Philippine Southeast Asian Games Organizing Committee, including allegations that billions of pesos were spent on the SEA Games Sports Complex and that a private company received P10 billion through congressional insertions. He added that the bureau would also examine the P50-million 2019 SEA Games cauldron project.

Padilla questioned the timing of what he described as a growing number of investigations and legal actions involving senator-judges while the proceedings are underway, citing the plunder-related arrests of Senators Jinggoy Estrada and Rodante Marcoleta.

“Ito po ba ay eksakto lang o ito po ba mayroon dapat tayong pangambahan?” Padilla said.

Cayetano, who chaired the Philippine Southeast Asian Games Organizing Committee that oversaw the 2019 SEA Games, said the NBI investigation was intended to intimidate him in his role as a senator-judge.

 “The chilling effect is there. But am I intimidated? Wala na akong choice. Ilalaban ko na ‘to. Gagawin ko kung anong kailangan kong gawin," he said.

Senator-judge Pia defended her brother, accusing Matibag of trying to distract and pressure senator-judges ahead of the impeachment trial.

“And I ask each one of you, my dear colleagues: Payag ba tayo sa ganito? Ganito na ba tayo dito ngayon? Don't we want a better country for our children? Why would you allow a director, who was just called to be a witness next week, brag that he's going to investigate?” she said.

"If hindi pa nanakot 'yon then I don't know what is," she added. "Hindi tayo sensitive, sanay tayo dito. Pero alam din natin kung pinapatamaan tayo rito. Hindi tayo tanga."

Matibag is scheduled to testify before the court on Tuesday, July 21.

Diokno cites Corona case, Poa refers to Duterte vs. HOR in oral arguments

During the oral arguments, Diokno explained why the court should obtain Duterte's financial records from before she became vice president, saying these could help determine whether she is fit or unfit to hold public office.

“Kailangang makita ng publiko at ng mga senator-judge ang tunay na kulay ng bise presidente at larawan ng kaniyang buong pagkatao bilang isang lingkod-bayan,” he began.

“If she amassed staggering amounts of unexplained wealth while she was a vice mayor and mayor (of Davao City), doesn’t that say a lot about her unfitness to serve as a vice president?” he said.

Diokno also cited past statements and actions by Presiding Officer Chiz Escudero and Alan Peter Cayetano, who served as senator-judges during the impeachment trial of former Supreme Court chief justice Renato Corona in 2012.

“Sa impeachment ni dating chief justice Renato Corona, tinanggap ng hukumang ito ang mga ebidensiyang nakalap bago pa man siya naupo bilang punong-hukom,” Diokno said.

“I believe it was then senator-judge, now presiding officer, Francis Escudero who raised the question: Will the impeachment court consider only Corona’s acts as chief justice? [...] The matter was taken up in caucus, after which this court decided to allow such evidence,” he added.

Diokno added that when then-Philippine Savings Bank president Pascual Garcia III refused to answer a question about the starting balance of Corona’s two peso-denominated bank accounts, Cayetano said records of the initial deposits were among the “opening documents that should have been brought to the impeachment court.”

“After reading the subpoena, presiding officer senator Juan Ponce Enrile held that senator-judge Cayetano’s observation was correct,” Diokno said.

For the defense's part, Atty. Michael Poa argued that the House prosecution violated the Anti-Money Laundering Act and the Bank Secrecy Law by seeking to disclose the vice president's tax and financial records. He also described the move as a "fishing expedition," saying the prosecution accused the vice president of amassing unexplained wealth before looking for evidence to support the claim, in violation of due process.

He also pointed out that Corona's case was decided before the Supreme Court struck down an impeachment complaint against the Vice President in Duterte vs. House of Representatives.

"Since it was decided before...the Supreme Court was fully cognizant of what happened in the Corona trial, and yet, Your Honors, they imposed these guidelines (in Duterte vs HOR),'" Poa said.

Poa also argued that if court processes like an impeachment court can thwart prohibitions against disclosure under the law, "It's as if we're doing judicial legislation here."

Near the end of the oral arguments, Escudero praised the counsels for remaining calm and composed during their arguments and rebuttals.

@philstarlife Presiding Officer Sen. Chiz Escudero praised prosecutor Rep. Chel Diokno and defense counsel Atty. Michael Poa for their calm demeanor during the oral arguments on VP Sara Duterte's financial records. Escudero drew laughter when he said that he hoped the senator-judges would remain just as calm during their caucus on the matter. #PhilStarLife #ImpeachmentTrial #SaraDuterte ♬ original sound - philstarlife

Impeachment court to decide on motion to subpoena Duterte's records on Monday

After the caucus, the senator-judges decided to rule on the motion seeking to subpoena Duterte’s bank, tax, and AMLC records on Monday, July 20.

“They want more time to look into the complicated issues involved in these two motions, subpoena,” Escudero said.

He added that each senator-judge will be allotted 10 minutes to ask questions.