Tax, bank records subpoena may be fishing expedition - Sara Duterte camp

MANILA, Philippines – Vice President Sara Duterte’s counsel in her impeachment trial on Wednesday pointed out that issuing a subpoena on the vice president’s tax and bank records and opening unexamined documents in the middle of a trial may become a “weapon of a fishing expedition.”

Defense counsel and spokesperson Michael Poa cautioned the impeachment court on Wednesday, expressing the defense’s objection to the House prosecution panel’s request to the court.

“When a subpoena becomes oppressive, when it is unreasonable, and when it is merely issued for the very purpose that there is a hope that somewhere, somehow, something incriminating will come out, it ceases to be an instrument of justice. It becomes a weapon of a fishing expedition,” Poa said.

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The House prosecution panel requested to subpoena the bank and tax records of Duterte before it tackled the vice president’s alleged unexplained wealth.

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READ: Defense, prosecution start oral arguments on tax, bank records

Though the House of Representatives Committee on Justice previously subpoenaed the tax records of Duterte when it was hearing the impeachment complaints, it voted against opening such records citing laws that bar the panel from unveiling such documents.

Poa alluded to the same committee hearings, saying the complaints that accused Duterte of amassing unexplained wealth did not have attachments to support the allegation.

“It is not permitted to accuse now and then just look for proof later on. That is not how due process works,” Poa said.

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During the rebuttal, however, House prosecution panel member Rep. Chel Diokno pointed out that a Supreme Court ruling on the Republic versus Rabusa et. al, which had already addressed the issue of turning a trial into a “fishing expedition.”

“Just like here the prosecution in that case requested subpoenas for the production of bank records, the argument was raised that this is a mere fishing expedition. Hanggang sa Court of Appeals, ang sinabi ay fishing expedition lang po yan,” Diokno recalled.

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READ: ‘Senate previously summoned tax, bank docs for impeachment trial’

Diokno then quoted the Supreme Court’s decision, saying “The RTC (Regional Trial Court) was in error for not allowing the petitioner to examine, inquire, and look into the subject accounts.”

The congressman also pointed out that asking for the subpoena does not infringe on due process.

“We are not yet at the stage where any evidence is put in the trial or offered to the honorable court. Nandito pa lang po tayo sa punto na kung maaari pong ipaproduce yung mga dokumentong ito (We are only at the stage where the documents can be summoned.),” Diokno explained.

He added that upon presentation of documents, the defense may still make objections. /gsg

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