In the event that the permission of President Ferdinand Marcos Jr. would be necessary to approve the disclosure of the Vice President Sara Duterte’s tax records, a House prosecutor expressed optimism that the chief executive would rule in favor of their request.

“We do hope that in the name of transparency and accountability, that the President does provide that agreement or consent,” Akbayan Partylist Rep. Chel Diokno said in an online interview on Monday, 20 July.

The sought consent was based on the provision of the National Internal Revenue Code (NIRC) wherein tax documents are recognized as absolutely confidential and are prohibited from disclosure, with the only exception being if the same was authorized by the President.

Such guideline was provided under Section 71 of the NIRC wherein explicitly states that files such as Income Tax Returns (ITRs), and lists of taxpayers and filers can be open to inspection upon the order of the President of the Philippines.

Notably, the documents that are being sought by members of the House Prosecution Panel are intended for use in the impeachment trial against Vice President Sara Duterte at the Senate.

The ITRs of Duterte and her husband Atty. Manases “Mans” Carpio is one of the few pieces of financial information to be presented in the second impeachment article regarding the Vice President’s alleged unexplained wealth.

The matter, being raised at the Senate was set for resolution this Monday, wherein senator-judges are set to decide on whether to issue subpoenas for the production of the same.

However, even if the upper house does grant the request, Diokno said that it would be inherently better for their case if the President does sign off and properly authorize the Bureau of Internal Revenue (BIR).

That being said, the lawmaker expressed that they would ultimately submit to whatever decision that the executive chief would have on the case.

“I don’t see it as an interference if that is the action of the President. It is his responsibility and it is in his hands whether his decision will agree or disagree,” Diokno said.

Notably, through various press conferences, members of the prosecution have affirmed that they have yet to formally discuss whether to actually seek the authorization of the President, noting that they will opt to explore all options prior to tapping the executive branch.