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The Senate impeachment court drew lessons from the 2012 impeachment trial of former Chief Justice Renato Corona by excluding Vice President Sara Duterte's foreign currency deposits from the subpoenaed records sought by prosecutors to support allegations of unexplained wealth.
Impeachment court spokesperson Reginald Tongol said Tuesday the move was intended to avoid a temporary restraining order (TRO) from the Supreme Court that could disrupt the ongoing proceedings.
"Based on the experience from the Corona impeachment trial, Chief Justice Corona's dollar accounts were included, which gave rise to the case," Tongol said in Filipino during an interview on ANC's Headstart.
In 2012, Philippine Savings Bank (PSBank) petitioned the Supreme Court after the Senate impeachment court ordered then-bank president Pascual Garcia III to produce the original and certified true copies of Corona's foreign currency accounts.
The prosecution sought to prove that Corona had accumulated unexplained wealth through undeclared dollar deposits that allegedly far exceeded his declared net worth and salary as a public official.
The Supreme Court granted PSBank's petition, citing the Foreign Currency Deposit Act (Republic Act No. 6426), which provides that foreign currency deposits are absolutely confidential, with no legal exceptions for disclosure.
Although the Senate complied with the TRO and barred PSBank officials from disclosing Corona's dollar accounts, Tongol said the impeachment court does not want a similar legal setback.
"The impeachment court learned from that experience, and the presiding officer, Senate President Chiz Escudero, used it as the basis for preventing a repeat of what happened during the Corona impeachment trial," Tongol said.
Despite the Supreme Court's ruling, Corona was later convicted by the Senate impeachment court for betrayal of public trust for failing to truthfully disclose his assets in his Statement of Assets, Liabilities and Net Worth (SALN), leading to his removal from office.
Like Corona, Duterte is accused of failing to accurately declare her wealth and properties in her SALN, an allegation that prosecutors argue constitutes an impeachable offense.
House prosecutors sought to subpoena the tax records and bank documents of Duterte and her husband, Mans Carpio, to support allegations under Article II of the Articles of Impeachment, which accuses the Vice President of amassing ill-gotten wealth.
On Monday, the Senate impeachment court granted the prosecution's request to subpoena the couple's bank and tax records.
Escudero also ordered the submission of Anti-Money Laundering Council records involving 19 corporate entities linked to Duterte, as well as the Carpio Lawyers partnership.
However, he denied the request to subpoena records of JTC Group of Companies Philippines Inc. and Pikimong Pikimong Philippines Corp. He also rejected the request to compel the disclosure of Duterte's and Carpio's foreign currency deposits.
Escudero said the law allows disclosure of foreign currency accounts only through the written consent of the depositor, which neither Duterte nor Carpio has provided.
In a separate interview Tuesday, former Far Eastern University Institute of Law dean Mel Sta. Maria said he agreed with the prosecution's position that examining the couple's foreign currency accounts would provide a clearer picture of whether Duterte's wealth was lawfully acquired.
Sta. Maria said that once prosecutors establish discrepancies between Duterte's SALNs and the subpoenaed financial records, they could build a strong case for unexplained wealth.
He added that Escudero could have taken a more progressive approach by asserting the constitutional powers of the impeachment court.
According to Sta. Maria, Republic Act No. 6426 is already outdated and should be amended because it has become a tool for concealing illicit wealth.