Solon cites impeachment exemption in bank secrecy law

House Committee on Justice Vice Chairperson Jonathan Keith Flores said the country’s bank secrecy law provides an exception for impeachment cases.

Flores issued the statement when asked about the request in an impeachment complaint to subpoena Vice President Sara Duterte and her immediate family’s bank records from 2019 to 2025, amid allegations of unexplained wealth and material non-disclosure in her Statement of Assets, Liabilities, and Net Worth (SALN).

The lawmaker said he understands that impeachment is one of the exemptions under the Bank Secrecy Law, adding that the Anti-Money Laundering Council (AMLC) may explore its authority if there is a pending impeachment complaint.

“I hope we stick to the fact that we can only look into things that were done while she was Vice President. I think that’s one of the things mentioned by the Supreme Court — that you can only accuse her of acts committed while she was holding the impeachable position,” Flores said.

However, before the House panel can thoroughly examine whether there is probable cause to recommend the Vice President’s impeachment based on the allegations, it must first determine whether the four pending complaints are sufficient in form and substance.

Flores explained that, in determining sufficiency in form and substance, the committee must review each complaint to ensure it is properly accomplished and compliant with verification requirements.

The lawmaker noted that the last time the panel reviewed two complaints, it took about two hours to determine sufficiency in form. Now, there are four complaints. As for substance, he said it previously took the committee two days to assess two complaints; although there are now four, the issues raised are similar.

If any of the complaints pass the threshold for sufficiency in both form and substance, the Vice President will be given the opportunity to respond to the allegations. The House panel will then decide whether to hold hearings.

Flores said that, assuming the committee finds sufficient substance, Duterte may be invited to answer clarificatory questions.

He added that the process is similar to a fiscal’s preliminary investigation, where prosecutors may ask about specific matters that need clarification or further explanation.

If the House panel decides to hold hearings while Congress is on break, Flores said each day a committee hearing is conducted on the matter should be counted as one session day, in the interest of fairness.

However, Flores does not expect Duterte’s recent announcement of her intention to run for president in 2028 to influence House members’ votes on the impeachment complaints.

He said it is expected that the Vice President would consider a presidential run. “If you’re the frontrunner and you’re leading in the surveys, I think it’s a natural tendency to also run for that position,” he said. However, he added that her announcement would not be a factor in how members would vote, as they understand the implications.

Meanwhile, House Committee on Justice member and Cagayan de Oro 1st District Representative Lordan Suan assured the public that the panel’s deliberations would be “thorough and fair.”

On Monday, the House Committee on Justice is set to begin its initial deliberations on the impeachment complaints against the Vice President.