VP defense object to House evidence, seek exclusion of financial records

Vice President Sara Duterte's defense team has asked the Senate impeachment court to reject the House prosecution's formal offer of evidence, challenging the relevance, admissibility and authentication of financial and corporate records intended to establish allegations of unexplained wealth.

In a 26-page comment filed on 30 October, the lawyers challenged the relevance, admissibility and authentication of the prosecution's formal offer of evidence, saying the documents were not among those Duterte was required to answer in the original impeachment proceedings.

“These exhibits were not attached to the Impeachment Complaints that the respondent was made to answer. Neither do they form part of the Articles of Impeachment,” the defense said.

The challenged evidence includes Duterte's statements of assets, liabilities and net worth (SALNs), bank records, corporate filings, tax documents and insurance records involving her and her husband, lawyer Manases Carpio.

The defense described the House Committee on Justice's evidence-gathering as an “impermissible fishing expedition,” accusing prosecutors of collecting documents in a “massive trawling fashion” to build their case.

It also questioned financial disclosures covering periods before Duterte assumed the vice presidency in 2022, arguing that these could not independently establish impeachable acts during her term.

The lawyers further challenged bank records involving Duterte and Carpio, saying prosecutors had not identified specific accounts allegedly used to receive, withdraw, transfer or conceal funds in connection with Article II. They also questioned the inclusion of Anti-Money Laundering Council records, citing confidentiality provisions under the Anti-Money Laundering Act, as amended by Republic Act 11521, and disputed the authentication of corporate documents.

The defense also argued that the withdrawal of three of the four impeachment articles weakened the prosecution's remaining case.

“Given the prosecution's withdrawal of Articles 1, 3, and 4, the remaining article no longer has any leg to stand on,” the comment read.

Ridon hits blanket objections

House prosecutor and Bicol Saro party-list Rep. Terry Ridon questioned the defense's renewed fishing expedition argument and its claim that Duterte's SALNs were not attached to the original House proceedings, saying these issues had already been raised before the Supreme Court (SC) and the Senate impeachment court.

“Una sa lahat binalikan naman po nila na yun pong SALN daw po ay hindi nakalakip doon sa House sa justice committee proceeding when in fact nasagot na yan at the level of the Supreme Court, nasagot na po yan at the level of the Senate impeachment court,” Ridon told reporters on Tuesday.

“Kasi tingin ko naman lahat po ng mga ebidensya nakita po natin had been subjected to cross examination. They had participated in it,” Ridon added, noting that the defense had participated in the cross-examination of prosecution witnesses.

Ridon also questioned the objections to documents he described as common exhibits of both parties. “The defense is defenseless is probably a good description of it,” he said.

The solon said the prosecution would leave it to the senator-judges to determine which documents should be admitted.

The SC on 5 August dismissed as moot consolidated petitions challenging the House impeachment proceedings after the articles had been approved and transmitted to the Senate. The dismissal did not constitute a final ruling on every evidentiary objection raised in the impeachment trial.

The Senate impeachment court also authorized the production of banking and tax records through subpoenas during the proceedings.

The House prosecution rested its case on 13 October after presenting forensic accounting expert Alexander Cabrera, who estimated P817.87 million in allegedly unexplained wealth involving Duterte and Carpio from 2022 to 2025.

Prosecutors submitted their formal offer of evidence on 21 October, seeking the admission of financial records, SALNs, bank documents and corporate filings to support the remaining Article II charge.

Duterte's defense team is scheduled to present its evidence when proceedings resume on 9 November.