Barbers: Sara defense faces uphill battle over financial records

The legal team of Vice President Sara Duterte faces an uphill battle in challenging financial records presented during her impeachment trial, particularly documents obtained directly from banks and government agencies, former lawmaker Robert Ace Barbers said Wednesday.

Barbers, a House impeachment adviser and trial spokesperson, argued that the prosecution's evidence would be difficult to dispute because the documents came from official institutions and included Duterte's own financial declarations.

He said bank records and income tax returns presented during the proceedings were duly authenticated, making it unlikely that officials from the institutions concerned would contradict their contents.

“Our mindset is, what can they present to defend or controvert what the prosecution presented or laid out. So for me...I personally believe that there is no evidence to controvert what has been laid out by the prosecution,” Barbers said during a press conference.

Despite his confidence in the prosecution's case, Barbers acknowledged that Duterte's lawyers still have sufficient time to present witnesses and evidence when the impeachment trial resumes on 9 November.

Likening the proceedings to a basketball game, he said the trial was only entering its second half.

“There is still some time, there are two quarters remaining, we’re only in the first half. The only problem with the second half is that the star player [Duterte] became injured. So if the star player is injured, the question is who will be there to close the gap,” he said.

Barbers said the prosecution had yet to receive information on the identities and number of witnesses the defense intends to present.

He also doubted that Duterte's lawyers would call all 90 potential witnesses listed in their pretrial brief, considering that the prosecution had narrowed its case to Article II.

The remaining impeachment charge centers on Duterte's alleged unexplained wealth, including questions over discrepancies between her declared assets, bank records, income tax returns and business interests.

Prosecution witness and forensic financial analyst Alexander Cabrera earlier testified that Duterte and her husband, lawyer Manases “Mans” Carpio, had allegedly undeclared assets and unexplained wealth estimated at P817.87 million to P1.5 billion from 2022 to 2025.

The figures remain allegations disputed by the defense and have not been established as findings of the impeachment court.

Defense challenges admissibility

In its formal comment on the prosecution's offer of evidence, Duterte's defense team challenged the admissibility of financial documents, accusing House prosecutors of conducting a “fishing expedition.”

The defense argued that several records, including those obtained from banks and the Bureau of Internal Revenue, were not included in the original impeachment complaints transmitted to the Senate.

It also questioned the prosecution's forensic findings, describing them as assumptions and conjectures unsupported by sufficient evidence.

Duterte's lawyers maintained that the withdrawal of Articles I, III and IV further weakened the remaining impeachment charge.

“Give the prosecution’s withdrawal of Articles 1, 3, and 4, the remaining article no longer has any leg to stand on. The inadmissability of the Prosecution’s so-called evidence is further supported by the fact that they were obtained and used in clear contravention of law,” the defense said.

Barbers said the prosecution had anticipated the defense's reliance on technical and procedural objections.

The Senate impeachment court is scheduled to resume proceedings on 9 November, when Duterte's lawyers are expected to begin presenting their case.