Poa, Diokno clash over Sara Duterte bank records subpoenas

Rep. Chel Diokno, a member of the House prosecution. FILE PHOTO MANILA, Philippines — Defense counsel Michael Poa and House prosecutor Chel Diokno debated anew on Monday over whether subpoenas seeking Vice President Sara Duterte’s bank and tax records amounted to a “fishing expedition.” The exchange came in response to Senator-Judge Pia Cayetano’s clarificatory question on why the issuance of the twin subpoenas may or may not be considered a fishing expedition. READ: Duterte impeachment trial day 7: Court to rule on tax, bank records Article continues after this advertisement Answering first, Poa reiterated the defense’s position that the impeachment complaint lacked “ultimate facts,” arguing that evidence to support the allegations was sought only after the complaint had been filed and Duterte had submitted her answer. “In fact, when they were saying that it was a ‘non-answer,’ to be very candid with everyone, we wanted to say it was a ‘non-complaint’ kasi walang ultimate facts na naka-allege for us to even answer, (because no ultimate facts were alleged for us to even answer,)” he added. ‘May’ support allegations Poa also cited language used in the prosecution’s argument on the requests for subpoenas, particularly the word “may,” which he argued showed uncertainty over whether the requested documents would actually support the allegations. Citing a paragraph, Poa said, “Nakasulat po doon (It was written there) that this does not assume wrongdoing but they want those documents nonetheless to see if something there will actually help support their allegations.” Article continues after this advertisement “This only shows, at least on the part of the defense, that this is somewhat already an admission that they do not yet know what exactly among the documents they are requesting could support the allegation of unexplained wealth,” he added in Filipino. READ: Escudero lauds Poa, Diokno for ‘calm’ oral arguments on VP’s tax records Article continues after this advertisement Citing ‘ultimate facts’ Diokno, however, rejected Poa’s argument and outlined what he said were the “ultimate facts” underlying the allegations in Article II of the Articles of Impeachment. These include allegations that Duterte amassed unexplained wealth manifestly disproportionate to her lawful income and earnings; failed to fully and truthfully disclose her and her spouse’s assets, liabilities and net worth in her Statements of Assets, Liabilities and Net Worth for 2022 to 2024; and failed to divest, while willfully continuing, her business interests during her tenure as vice president from 2022 to 2025. “We satisfied the requirement of alleging the ultimate facts or essential factual elements through these three matters,” Diokno, speaking FIlipino, said, adding that the evidentiary facts were laid out in the succeeding pages of the Articles of Impeachment. ‘Totally untenable’ Addressing the fishing expedition argument, Diokno said such a situation arises when a party seeking information does not know what the request might produce and merely uses the process in the hope of obtaining evidence that could be used against another party. READ: WATCH: House prosecutor Flores speaks on Sara Duterte trial He maintained that this was not the case with the prosecution’s requests, citing information uncovered during the previous House committee on justice hearings. According to Diokno, Anti-Money Laundering Council reports showed that P6.7 billion had moved through accounts linked to Duterte from 2007 to the present. “We have a basis to have the bank records produced. We are not just guessing that there is something there,” he said in Filipino. He said that to know whether the government official has amassed unexplained wealth, one must look at the entire incumbency of that official, starting from day one. Your subscription could not be saved. Please try again. Your subscription has been successful. “For these reasons, Your Honors, the fishing expedition argument, in our view, is totally untenable,” Diokno said. /jpv