Chel Diokno: 'The truth is not confidential'

House public prosecutor Rep. Chel Diokno on Wednesday argued that existing privacy and confidentiality laws were never intended to obstruct the constitutional impeachment process, insisting that the Senate impeachment court has the authority to compel the production of Vice President Sara Duterte's financial records.

Responding to the defense's oral arguments against the issuance of subpoenas for Duterte's bank records, tax documents, and Anti-Money Laundering Council (AMLC) reports, Diokno maintained that confidentiality rules were established to prevent the unlawful disclosure of information, not to shield evidence from constitutional proceedings.

"Confidentiality, Your Honor, should not be the prevailing principle in this proceeding. The truth is not confidential," Diokno told the impeachment court.

The Akbayan lawmaker addressed the legal arguments raised by defense counsel Michael Poa, who cited the Bank Secrecy Law, the Anti-Money Laundering Act, the National Internal Revenue Code (NIRC), and the Data Privacy Act as grounds to oppose the subpoenas.

Diokno pointed to Section 2 of Republic Act No. 1405, or the Bank Secrecy Law, which expressly provides an exception for impeachment proceedings.

"All deposits of whatever nature with banks or banking institutions in the Philippines... are hereby considered as of an absolutely confidential nature and may not be examined... except upon written permission of the depositor, or in cases of impeachment," the law states.

On the Anti-Money Laundering Act, Diokno said the confidentiality provisions apply only to AMLC officials and employees to prevent unauthorized leaks of sensitive information.

"If you read that law, particularly that provision, it clearly refers to prohibiting leaks by members of the Anti-Money Laundering Council. It never was intended to short-circuit the impeachment process or limit the powers of this honorable court," he said.

Diokno also addressed the National Internal Revenue Code, noting that while it generally protects taxpayer information, it likewise provides mechanisms for disclosure under specific circumstances.

He recalled that the Bureau of Internal Revenue had previously brought the tax records of Vice President Duterte and her husband, lawyer Manases "Mans" Carpio, to a House Committee on Justice hearing inside a sealed green box. The documents were not opened after the impeachment court later ordered their return to the BIR.

BIR Commissioner Charlito Mendoza had earlier explained that the records were sealed because Section 270 of the NIRC imposes penalties on BIR personnel who unlawfully disclose taxpayer information.

Diokno likewise rejected the defense's claim that compelling the production of the documents would violate Duterte's right to due process.

He said obtaining documentary evidence through subpoenas is distinct from admitting such evidence during trial, stressing that the defense would still have the opportunity to challenge the admissibility and weight of any documents presented before the impeachment court.