Sen. Panfilo Lacson on Sunday said he would oppose the opening of the sealed box containing the tax records of Vice President Sara Duterte, her husband, Manases Carpio, and their businesses without written authorization from the President.
The so-called “BIR box” was submitted by the Bureau of Internal Revenue to the House prosecution panel during hearings on the impeachment complaints against Duterte.
During the pretrial conference, the prosecution asked the Senate impeachment court to unseal the box so its contents could be inventoried and marked as evidence.
Senate Secretary Renato Bantug Jr., who also serves as clerk of the impeachment court, said he could not decide on the request and that the matter should be resolved by the court.
Presiding Officer Sen. Francis Escudero later ordered the box returned to the BIR because there was no court order directing the Senate to keep it.
Last week, the prosecution asked the impeachment court to subpoena the box. Oral arguments on the request are scheduled for Wednesday, with each side given 10 minutes to present its position.
In an interview with radio dzBB, Lacson said former BIR Commissioner Kim Henares had called him and explained that the tax records could be opened once the BIR obtained written authorization from the President.
“Sabi niya napakasimple naman niyan… Yung BIR kukuha lang ng written authority from the President. At minention niya nga sa akin nung particular na Section 71 ng National Internal Revenue Code, tapos meron pa yang Section 270 nandoon naman yung penalty na kapag ginawang public ng BIR yan, kasi dapat yan confidential. So yan ang nag bunsod sa akin kaya maaga pa lamang nag comment na ako na hindi namin puedeng tanggapin yan box na yan at di namin puedeng i-unseal yang box na yankasi magiging liable kami doon sa NIRC
“(She said that it’s very simple…The BIR will just ask for a written authority from the President. And she also mentioned Section 71 of the National Internal Revenue Code (NIRC), and there is also Sction 270 where the penalties are provided when that will be made public by the BIR because it is supposed to be confidential. So, that prompted me to make a comment that we cannot keep that box; we cannot unseal it because we might be liable under the NIRC,” he said in a radio interview.
Lacson said that even if the impeachment court granted the prosecution’s request for a subpoena, the President’s written authorization would still be necessary before the box could be opened.
“Kung ipipilit yan na i-unseal without the written authority from the President, I will vote against it. That will be my personal vote kasi ayaw kong masisi balang araw na part ako na nag-violate ng batas. I may be wrong, but that is my position
“(But if they insist on unsealing the box without the written authority from the President, I will vote against it. That will be my personal vote because I don’t want to be blamed in the future of committing a violation of the law. I may be wrong, but that is my position),” he said.
Lacson said Henares told him that a similar procedure was followed during the impeachment trial of the late Chief Justice Renato Corona.
“Alam ni Commissioner Henares iyon, humingi siya ng written authority kay PNoy noon eh para mabuksan ang …Sabi niya kaya alam na alam ko yan kasi ako mismo kumuha ako kay President Aquino noon ng written authority kaya yan nabuksan doon sa impeachment trial ni late Chief Justice Renato Corona
“(Commissioner Henares knows that, that’s why she asked for a written authority from President Benigno Aquino that time so they can open it…She said that she knows it very well because she herself got a written authority from former President Aquino, that’s why they opened the tax records during the impeachment trial of the late Chief Justice Renato Corona,” he added.
Asked whether President Ferdinand Marcos Jr.’s issuance of written authority could be interpreted as an indication that he wanted Duterte convicted, Lacson replied: “That is not my concern.”
“And that should not be the concern of the court. Bahala sila doon. Basta sa akin, merong batas; sundin namin ang batas (They can think whatever they want. As far as I am concerned, there is a law, and we should follow it),” he said.
Lacson stressed that his position was based on the law and should not be interpreted as support for Duterte’s defense.
“Sa akin malinaw ang aking posisyon—without the written authority from the President, eh hindi dapat pabuksan yung box. Hindi ako pro defense dito ha basta sa akin ang ini-invoke ko dito ay yung batas
“(So, my position is clear — without the written authority from the President, the box should not be opened. I am not favoring the defense, because for me I am invoking the law),” he said.
BIR Commissioner Charlito Mendoza earlier said the tax records could be unsealed if the request was made “in aid of legislation” and the examination was conducted during an executive session instead of a public hearing.
Henares, however, maintained that the records could be opened through written authorization from the President.