Chua: Unexplained wealth allegation will stand even without BIR box

MANILA, Philippines — While they want to open the box containing the Bureau of Internal Revenue (BIR) tax documents of Vice President Sara Duterte and her husband, Manila Rep. Joel Chua has maintained that there is enough evidence to convict her over allegations that she amassed unexplained wealth.

Chua in an online interview on Friday agreed with views that the BIR box is not needed to implicate Duterte during the impeachment trial, as the discussion for Article II of the Articles of Impeachment focuses on unexplained wealth and not tax-related offenses.

READ: VP impeachment pretrial wraps up on 5th day; BIR box not opened

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Aside from this, Chua said that the documents inside the BIR box could even be used by the defense panel to prove that the increase in the Vice President’s net worth over the years — as seen in her Statement of Assets, Liabilities, and Net Worth — was proportionate to her and her husband’s income.

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“You are correct [in saying that the case will stand] because we are talking about unexplained wealth here.  In fact, the BIR box can even be used by the defense as justification on why they have declared such a net worth, and how their wealth grew,” Chua, speaking partly in Filipino, told reporters covering the House of Representatives.

“So, it could go either way.  It could favor us or favor them.  And as of now, nobody among us really knows what’s inside the said BIR box,” he added.

Lawyer Jay Tolosa, the newest addition to the private prosecution team who was also named legal spokesperson of the panel, shared the same sentiments during a separate press briefing on Friday.

According to Tolosa, Article II is hinged on other evidence like the reports from the Anti-Money Laundering Council (AMLC) and bank documents of Duterte and her husband, lawyer Manases Carpio.

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Despite this, opening the BIR box will be crucial since it will be used as a point of comparison between the Duterte-Carpio couple’s declared income and their actual revenues.

“So the case of the prosecution with respect to this article is not hinged exclusively in the contents of the BIR box.  We have a lot of other evidence to present, such as the AMLC reports, bank documents.  But still, (we need it) to see a complete picture because this would show the declared income of the respondent and her spouse,” Tolosa said.

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“Why declared income?  As we know, it is through the ITR that we report to the government what our lawful income is.  So it’s still very crucial that’s why we’re adamant insisting that the box be opened and that this become available to both parties, actually,” he added.

Lanao del Sur Rep. Zia Alonto Adiong, another spokesperson of the prosecution panel, said that more than the need to use the BIR document as evidence, the people have the right to know the whole picture.

“Beyond the appreciation of the court, beyond the presentation of evidence, I think it is a matter of the right of the people to know and understand the whole picture.  It is the right of the people to know — without any stone unturned — the truth and only but the truth,” Alonto Adiong said mostly in Filipino.

“This is the workings of the accountability mechanism of the Constitution.  So it is but right and prudent that we allow the people to see the whole picture and appreciate the whole picture — the financial standing of our Vice President because they submit this document to the BIR regularly,” he added.

There has been a buzz about the BIR box, as the prosecution panel wanted the box unsealed and marked during the pretrial conference.  Lead public prosecutor and Batangas Rep. Gerville Luistro said on Thursday that they pushed for the opening of the BIR box, which was sealed during the committee on justice proceedings, but this was opposed by the defense panel.

Senate Secretary and Impeachment Clerk of Court Renato Bantug said earlier that 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.

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

Earlier too, Adiong said that the defense panel’s move to “vehemently oppose” the opening of the BIR box only shows that Duterte’s lawyers are fearing that they may not be able to counter unexplained wealth allegations.

The box was originally part of documents requested by the House of Representatives’ committee on justice for their hearings on the impeachment complaints against Duterte, but the panel decided not to open it due to a possible lack of jurisdiction.

Instead of opening, it was kept sealed, and was submitted to the Senate after the Articles of Impeachment was transmitted.

During the April 22 hearing of the committee on justice, the panel tackled accusations that Duterte has unexplained wealth, and that she failed to disclose all her assets in her SALN.

At one point during the hearing, AMLC Executive Director Buenaventura confirmed that they saw covered and suspicious transactions made by Duterte and Carpio.

READ: AMLC confirms suspicious transactions made by Sara Duterte, kin

Later on, Mamamayang Liberal party-list Rep. Leila de Lima randomly picked 19 transactions posted in Senator Antonio Trillanes IV’s affidavit against Duterte, asking if this would match the records at AMLC’s hand.

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Buenaventura said that 19 out of the 19 transactions identified by de Lima were confirmed to be part of AMLC’s records. /jpv