How Sara's bank records can be disclosed in impeach trial

Should Vice President Sara Duterte face an impeachment trial, expect her bank records to be among the documents the House prosecution will request.

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When Sara was impeached in February, the House accused her of amassing unexplained wealth, with over P2 billion reportedly coursed through joint accounts with her father, Rodrigo Duterte, at BPI and BDO between 2006 and 2015.

Under Article IV of the impeachment complaint, the House claimed she received at least P111.634 million during that time while holding public office in Davao City, which they said is “grossly disproportionate to her legitimate income.”

But just how can the prosecution get hold of those “confidential” records? Retired Supreme Court Associate Justice Antonio Carpio said there are two ways.

BYPASSING BANK SECRECY VIA IMPEACHMENT

One legal avenue is through Republic Act 1405, or the Bank Secrecy Law. While it generally protects deposits as “absolutely confidential,” he said it makes exceptions, including in impeachment cases and when the depositor gives their written consent for their records to be examined.

In an interview with DZMM Teleradyo, Carpio explained that the House prosecution can invoke this law when they file a motion for a subpoena duces tecum to obtain deposit records made to Duterte’s account at the Bank of the Philippine Islands (BPI).

A subpoena duces tecum is a legal order compelling a person to appear before a court and produce the requested documents.

“Ngayon (Now), because this is an impeachment case, of course the prosecution will file a motion for subpoena duces tecum to subpoena the bank records of Sara in BPI,” Carpio said on Wednesday, July 2.

WHEN THE MOTION IS FILED

So what happens after the motion reaches the Senate impeachment court? It can also go one of two ways.

The Senate President, acting as presiding officer, can rule on it alone or bring it to a vote among the senator-judges.