The Senate impeachment court should not hold onto the sealed box containing the tax documents of Vice President Sara Duterte and her spouse, Atty. Mans Carpio, according to Senator Panfilo “Ping” Lacson. Instead, Lacson suggested that the tribunal return the documents to the House prosecution panel.
Speaking in a radio interview, Lacson warned that the impeachment court lacks the authority to unseal or even decide on opening the box without overstepping its bounds and risking allegations of grave abuse of discretion.
He noted that the Senate majority bloc discussed the matter during a recent caucus.
“One of the things we agreed upon in Friday’s senators’ caucus was to return the box because keeping it in our custody will violate the law. It is not the impeachment court or any court’s role to unseal it,” Lacson said.
“Sen. Francis Escudero is right in saying (that) the impeachment court has no business safekeeping the evidence because it is a court, unless it is presented and admitted as evidence before the court by the prosecution or defense,” he added.
Lacson pointed out that under Section 71 of the National Internal Revenue Code, inspecting income tax returns strictly requires an directive from President Ferdinand Marcos Jr., operating under guidelines from the finance secretary and recommendations from the Bureau of Internal Revenue (BIR) chief.
Alternatively, a written waiver from Duterte herself could allow the box to be opened.
He emphasized that the prosecutors must handle this procedural step themselves rather than shifting the responsibility to the lawmakers.
“The prosecution should not pass the burden of unsealing the box to the impeachment court. The prosecution may ask permission from the Office of the President to unseal the box. But it should not pass the burden to us because we will not do it,” he maintained.
Regarding court operations, Lacson mentioned that Senate President Win Gatchalian will be tasked with appointing a legal-minded spokesperson for the tribunal, who will coordinate with Senate Secretary Renato Bantug Jr.
The majority bloc also plans to hold another caucus to finalize who will serve as the presiding officer before the formal trial commences.
As a senator-judge, Lacson pledged absolute impartiality once the proceedings begin.
“As far as I’m concerned, I guarantee 1,000 percent I will base my decision on the evidence, not on political alliances or personal biases. That I am sure of,” he said.