The House Committee on Justice may compel the production of bank records and the appearance of key witnesses as it tackles the impeachment complaints against Vice President Sara Duterte.
House Justice Committee Chairperson Gerville “Jinky Bitrics” Luistro of Batangas said impeachment proceedings fall under an exception to the Bank Secrecy Law.
She explained that the committee is vested with the “power of compulsory process,” which allows it to require the submission of documents, including bank records, and compel witnesses to testify during hearings.
“And we have to understand as well na ang Justice Committee ay pinagkalooban din ng batas ng power of compulsory process. Ito yung tinatawag natin na issuance of subpoena duces tecum if it pertains to relevant documents,” Luistro, a lawyer, said.
She added that the same authority may also be used to require witnesses to appear before the committee, depending on what the parties seek to present.
“So both parties actually can file the necessary motion in order that they may avail of the compulsory process of the Justice Committee,” Luistro said in a radio interview.
Asked if bank secrecy could be invoked to block access to financial records, Luistro said impeachment proceedings serve as a legal carve-out.
“The exception to the Bank Secrecy Law is impeachment proceeding,” Luistro said.
“As a matter of fact, that is the reason why in yesterday's (Wednesday) hearing, I volunteered to the members of the Justice Committee. The information that the records of the bank are protected by the Bank Secrecy Law and we cannot therefore expect the complainants to have attached already the bank records because that is prohibited. As a matter of fact, impeachment is the only avenue where you can look into and avail of the documents without violating the Bank Secrecy Law,” Luistro said.
“So the only way na puwedeng ma-request itong copy ng bank document is by the compulsory process of the Justice Committee to compel the bank to produce these bank documents. That is by way of subpoena duces tecum,” Luistro added.