The Senate impeachment court on Monday returned the unsealed box containing the income tax returns of Vice President Sara Duterte and her husband, lawyer Manases Carpio, to the Bureau of Internal Revenue (BIR).

The contentious box was supposed to be part of the evidence of the House prosecution to support allegations of Duterte’s alleged unexplained wealth and discrepancies in her statements of assets, liabilities, and net worth under Article II of the Articles of Impeachment.

However, Senator Chiz Escudero, the presiding officer, ruled that the Senate impeachment court lacked the legal authority to safeguard the box, which was not entered as evidence during the pre-trial stage.The Senate impeachment court returned the sealed tax records of Vice President Sara Duterte and her husband to the BIR, with Presiding Officer Chiz Escudero ruling that the documents were not yet legally part of the impeachment evidence.

“The court is not yet in custodial legis of this box, given that there is no lawful order issued by the court for this box to be turned over to the Senate, more so that it is not yet offered in evidence, not even as yet marked,” Escudero said.

The House prosecution panel turned over the box to the Senate as part of the evidentiary documents, together with the articles of impeachment, outlining the four charges against Duterte.

However, since the Senate impeachment court did not issue a lawful order or subpoena the tax records, Escudero said they have to return it to the BIR, especially since it was not admitted as evidence.

Over the weekend, Senator Panfilo Lacson revealed that the majority of the senators agreed to return the box to the House following the recommendation of Escudero.

Escudero reportedly said the Senate impeachment court had no business keeping, much less unsealing, the box because that authority belonged to the House prosecution panel, subject to authorization from the President upon the recommendation of the Bureau of Internal Revenue and the Department of Finance, as required under the National Internal Revenue Code.

It was the House justice panel that subpoenaed the documents in April at the height of the impeachment hearings.