(Screengrab from Senate livestream)
The Senate impeachment court has admitted key financial and property records in the impeachment trial of Vice President Sara Duterte while excluding evidence related to withdrawn charges, narrowing the proceedings to the remaining allegation of unexplained wealth.
The court also reinstated restrictions on public discussions of the impeachment case ahead of the resumption of the trial on Monday, November 9.
In a statement Friday, court spokesperson Reginald Tongol said Presiding Officer Francis Escudero issued a 22-page order Thursday resolving the prosecution’s formal offer of documentary evidence under Article II.
The court rejected the defense’s argument that documents obtained through subpoenas amounted to a “fishing expedition” or should be excluded because they were not attached to the original impeachment complaint.
However, it imposed limitations on how certain financial records could be used.
Documents covering 2007 to 2021 may only establish Duterte’s financial position before she assumed the vice presidency on June 30, 2022. They cannot serve as evidence of separate offenses allegedly committed before her current term.
The restriction follows the Supreme Court’s ruling on the constitutional limitations governing impeachment proceedings.
Bank, tax and property records admitted
Among the documents accepted by the court were Duterte’s statements of assets, liabilities and net worth (SALNs), tax records from the Bureau of Internal Revenue, reports from the Anti-Money Laundering Council (AMLC), Securities and Exchange Commission documents, and financial records from nine banks.
The court also admitted property titles involving land in Davao City and the Island Garden City of Samal, along with insurance and investment documents.
Certifications concerning firearms registered to Duterte and her husband, lawyer Manases Carpio, were likewise accepted.
However, the court excluded Commission on Audit disallowance records involving confidential funds, which were previously covered by the withdrawn Article I.
Corporate documents and forensic computations involving JTC Group of Companies Philippines Inc. and Pikimong Pikimong Philippines Corporation were also rejected after being found unrelated to the remaining impeachment charge.
Tongol emphasized that admitting documentary evidence does not automatically validate the prosecution’s allegations.
“Admitting a document into the record does not mean the Court has ruled that the Prosecution’s allegations or computations are true,” he said.
He explained that senator-judges would still evaluate the credibility and weight of the evidence before determining whether the prosecution had sufficiently established its case.
The court also prohibited the unauthorized online publication and distribution of confidential bank, tax, AMLC and personal records.
With the prosecution having concluded its presentation, the defense was authorized to adopt previously admitted exhibits without presenting the same documents again.
Gag order reinstated across all impeachment articles
In a separate ruling announced Friday, the impeachment court restored the application of the sub judice rule under Rule XVIII to all impeachment articles, including those already withdrawn by the prosecution.
The decision followed Senator-Judge Francis Pangilinan’s pending motion seeking reconsideration of the court’s October 13 ruling that relaxed the restriction.
Duterte also submitted a manifestation on November 4 maintaining that she was not waiving the protection provided by the rule.
The court said the restriction was necessary to prevent parties from publicly debating the merits of withdrawn charges while proceedings on Article II remain ongoing.
Under the order, parties, lawyers and other covered individuals are prohibited from making public statements discussing the merits of the impeachment case or matters covered by its articles.
Violations may result in penalties under the court’s August 26 guidelines.
The ruling effectively reverses the earlier relaxation of restrictions involving withdrawn impeachment charges.
Defense to present evidence November 9
The impeachment trial is scheduled to resume Monday, November 9, at 10 a.m., with Duterte’s defense team expected to begin presenting evidence.
Article II, which concerns allegations of unexplained wealth, remains the sole impeachment charge under consideration.
The defense will have the opportunity to challenge the prosecution’s documentary evidence and present its own records and witnesses.
The senator-judges will ultimately determine whether the admitted evidence establishes the allegations against Duterte under the constitutional standards governing impeachment.
