VP Impeachment Defense Team ‘Shocked’ Over Pre-Prepared Subpoena Ruling

Photo via Inquirer.net

Vice President (V.P.) Sara Duterte’s defense team expressed shock upon learning that the Senate impeachment court’s ruling on subpoenaing her financial and tax records had been largely prepared before the formal trial even commenced on July 6.

Despite their surprise over the pre-drafted resolution, defense lawyers clarified that they maintain full respect for the Senate’s processes, even as Malacañang separately affirmed on Tuesday, July 21, that the impeachment court holds the absolute mandate to order the release of such sensitive documents.

‘Surprised’ But Respectful

Speaking at a press conference on Tuesday before the eighth day of the impeachment trial, defense team spokesperson Atty. Michael Poa admitted that the revelation caught the legal team off guard.

“Actually, nagulat rarami ako nung nabasa ko (actually, I was surprised too when I read it),” Poa said, addressing the reports concerning the pre-drafted resolution.

However, Atty. Poa immediately tempered the statement, noting that the defense does not view the advanced preparation as a sign of bad faith or a reason to question the trial’s validity.

“But nonetheless, I don’t really want to read too much into it. I don’t want to cast aspersions dito sa nangyari kahapon (on what happened yesterday),” Poa added.

Rationale Behind the Prepared Resolution

Atty. Poa explained there are reasonable legal explanations for why the decision, read by Senator-judge and presiding officer Francis Escudero, was ready so early. He noted that senator-judges likely studied the technical aspects of the case beforehand, using the subsequent oral arguments simply to see if their initial positions would be swayed.

“Of course, I’d be lying if I said na hindi ako nagulat na may ganun palang nangyari,” Atty. Poa remarked. “But nonetheless, I don’t think we should cast aspersions against the integrity of the court or anything like that. It is what it is. ‘Yun ‘yung naging resolusyon. ‘Yun ‘yung naging ruling.”

While the defense team has yet to decide whether they will appeal the ruling to the Supreme Court (S.C.), the Senate impeachment court had already formalized the order on Monday, granting the House prosecution’s request to subpoena the bank and tax records of V.P. Duterte and her husband, Manases Carpio, across at least 19 companies and one partnership to probe alleged unexplained wealth.

Palace Backs Senate Mandate Amid Ruling Controversy

As the defense team grappled with the nature of the prepared ruling, Malacañang weighed in on Tuesday to support the Senate’s judicial authority.

In a press briefing, Palace Press Officer Claire Castro stated that the Senate, sitting as an impeachment court, has the clear authority to issue subpoenas for Duterte’s tax and bank records if deemed necessary.

“Sa ating pagkakaalam, ang anumang kaso na may patungkol sa mga buwis at patungkol sa mga unexplained wealth na maaaring makita o ma-substantiate ng mga record na ito. Ito ay maaaring ipatawag through a court order,” Ms. Castro said.

“Sa ngayon ang Senado ay kumakatawan at pumapapel bilang impeachment court at sila ang mayroong karapatan at mandato kung paano nilang ipatutupad ang kanilang proseso,” she added, reinforcing the validity of the court’s actions.

Ms. Castro further noted that no direct request had been submitted to President Ferdinand R. Marcos Jr. to authorize the release of the records, explaining that it is more legally sound for the impeachment court itself to handle the subpoenas directly.

Court Confirms Main Chunk Was Ready

The shock from the defense stems from information shared by impeachment court spokesperson Regie Tongol, who confirmed that the “main chunk” of the ruling Sen. Escudero delivered on Monday had been drafted well ahead of the July 6 trial opening.

According to Mr. Tongol, because the prosecution panel had already outlined their requests for the financial and tax subpoenas in their pretrial briefs, the core issues were already under review by leadership.

“So, basically, the main chunk of the decision of the presiding officer has already been prepared even before July 6th,” Mr. Tongol explained.

He added that Sen. Escudero utilized the early draft to consult with fellow senator-judges during a caucus, giving them the weekend to review the language before finalized action was taken. “So, handa na naman siya ever since,” he said.