Seeking Marcos’ authorization for BIR box opening is an option – Tolosa

MANILA, Philippines — Seeking President Ferdinand Marcos Jr.’s authorization to unveil the tax documents of Vice President Sara Duterte and her spouse for the impeachment court’s perusal is an option considered by the prosecution team, lawyer Benjamin Tolosa Jr. said on Wednesday.

In an exclusive interview with Inquirer, Tolosa said that this move is one of the several options at their disposal.

The action is similar to what the prosecution panel did during the impeachment trial of former Chief Justice Renato Corona where they asked former President Benigno Aquino III to release the tax documents.

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Another option which they already did, Tolosa noted, was to formally ask the Senate to include the Bureau of Internal Revenue (BIR) documents as evidence for Duterte’s trial.

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“That is what happened during the impeachment proceedings of the late Chief Justice Corona,” he recalled.

“Now, what we did regarding these BIR documents, we filed a formal request with the impeachment court asking for the issuance of a subpoena, so that the BIR will produce these documents along with additional, relevant tax filings of the impeachment court,” he said.

“Now, we would not get ahead of what the BIR will do about that. But that option of asking authorization, that’s an option. That’s available under the law,” Tolosa pointed out.

“That is one of the circumstances or exemptions as to when the disclosure of BIR documents, the tax filings, is allowed,” he said.

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The tax documents of Duterte and her husband, Manases Carpio, sealed in a box from the BIR, were submitted by the House of Representatives, along with the Articles of Impeachment as part of its evidence.

But on Monday, the Senate Impeachment Court decided to send back the box to the BIR as there is no lawful order from the court to acquire jurisdiction of the documents.

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READ: Impeachment court returns Sara Duterte’s alleged tax records to BIR

During the Corona trial, Malacañang, under Aquino, said the former president was ready to authorize the release of the ex-chief justice’s income tax returns if the House prosecution panel requested them.

“If a request is made to the president, in all likelihood, yes,” said presidential spokesperson Edwin Lacierda when asked by reporters in January 2012 if the BIR would help the prosecution case in Corona’s impeachment trial.

Then-BIR chief Kim Henares said she needs the president’s authorization if she is summoned to appear in the trial.

Eventually, Aquino authorized Henares to appear before the Senate Impeachment Court.

READ: Aquino prepared to authorize release of Corona’s tax records

When asked whether it is possible to include the BIR documents as evidence even without the president’s authorization, Tolosa said that the prosecution’s position is that this is a possible option.

“Well, our position is that it’s possible, because although it’s not included in the NIRC (National Internal Revenue Code), our position is that the Constitution is, of course, above this law,” Tolosa noted.

“So the Constitution grants the Senate the power to conduct impeachment trials, and part of that is the power to issue subpoenas. They have processes.)

“So that is our belief there. But again, there are many options available as to how we can open this BIR box,” he added.

During the hearings of the House committee on justice on the impeachment complaints against Duterte, there were debates on whether the BIR box should be unsealed and revealed.

The arguments were meant to discuss allegations that the vice president amassed unexplained wealth not disclosed in her Statement of Assets, Liabilities, and Net Worth (SALN).

Eventually, the committee decided not to open the box and leave the decision up to the Senate Impeachment Court, which will conduct the trial.

READ: House panel defers opening box containing Duterte tax records

During the pretrial stage, the BIR box was presented by the prosecution panel as evidence, but Duterte’s lawyers opposed its unveiling.

This objection prompted members of the team, like prosecution spokesperson and Lanao del Sur Rep. Zia Alonto Adiong, to conclude that the defense is fearful of not being able to counter unexplained wealth allegations.

Adiong said last June 26 that he, Tolosa, and the rest of the prosecution team were confused why the defense panel “vehemently opposed” the opening of the BIR box, a move intended to mark the evidence. /apl

READ: Adiong: Fear only reason Duterte’s lawyers oppose opening of BIR box

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