Bantug tells prosec, defense moves on BIR box during impeachment pretrial

MANILA, Philippines — Senate Secretary and Impeachment Clerk of Court Renato Bantug on Friday clarified what transpired during the closed-door impeachment court’s pretrial conference over the disputed Bureau of Internal Revenue (BIR) green box.

The box purportedly contained the tax records of Vice President Sara Duterte, her husband Manases Carpio, and their firms.

Bantug said the marking of the sealed BIR box was deferred after the defense asked for time to comment on the prosecution’s manifestation seeking to open, inventory, and mark its contents.

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Bantug said initially, the prosecution merely informed the court that it had filed a manifestation seeking to open, inventory, and mark the contents of the BIR box.

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“At that point, the defense said it first wanted to comment on that manifestation,” Bantug told Senate reporters.

He recalled that the prosecution acknowledged the box could only be opened with the agreement of both parties because the clerk of court has no authority to order its opening.

The prosecution then proposed merely marking the box itself–sealed and unopened, but the defense “objected” and sought time to comment on that request.

“That’s when the defense objected. Their point is they also have to be given time to comment on the matter,” Bantug recalled.

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Bantug said he gave the defense until the end of office hours Friday to submit its comment electronically.

He stressed that under his capacity as the clerk of court, he cannot decide on the dispute as only the impeachment court can decide whether the BIR box should be opened, inventoried, or marked as evidence.

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The clarification came a day after House prosecution spokesperson and lead counsel Rep. Gerville Luistro said the defense had “vehemently” objected to the opening or marking the sealed BIR box.

Another prosecutor, Rep. Joel Chua, questioned the opposition, asking, “If the conscience is clear, why not come out with the evidence?”

For the defense’s part, lawyer Michael Poa said they would file their response within the day as per the deadline set by the clerk of court.

Existence acknowledged

Bantug said upon receipt of the defense’s submission, they will be distributing copies to the senator-judges and await instructions on how they wish to proceed.

Asked whether the BIR box could instead be opened or marked during the trial proper if the impeachment court allows it, Bantug said the box’s existence had already been disclosed in the prosecution’s pretrial brief.

“In my personal view, it is already included in the reservation in the pretrial brief. So it’s already there. The existence of the BIR box is stated in the pretrial brief,” he said.

“As clerk of court, I acknowledge also the existence of the BIR box,” Bantug added.

The sealed BIR box, which was transmitted by the tax bureau to the House committee on justice in April, was later forwarded unopened to the Senate, after a motion to open it failed during the panel’s initial proceedings.

Without prejudice to its actual contents, the sealed BIR box is among the evidence that the prosecution seeks to present in relation to Article II of the Articles of Impeachment.

This article accuses Duterte of amassing unexplained wealth that is disproportionate to her lawful income, and failing to truthfully disclose her assets, liabilities, and net worth. /apl

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