By Dhel Nazario
The Senate Impeachment Court on Monday, July 6, ordered the return of a sealed box containing the tax records of Vice President Sara Duterte and her husband, Manases Carpio, ruling that the documents are not yet under the court’s custody and have not been admitted into evidence.
Presiding Officer Francis “Chiz” Escudero directed that the sealed box be sent back to the Bureau of Internal Revenue (BIR), noting that the court has not issued any lawful order requiring the records to be turned over.
“This box was turned over to the Senate as part of the documents, including the Articles of Impeachment. However, the impeachment court is not yet in custodia legis of this box, given that there is no lawful order issued by the court for it to be turned over to the Senate,” Escudero explained.
He emphasized that the documents have neither been opened nor marked as evidence during the pre‑trial proceedings. “More so that it is not yet offered in evidence, not even as of yet marked,” he added.
Escudero ordered that the “BIR box, closed, sealed, and as it is received,” be returned to the BIR, without prejudice to any future action by the court.
He clarified that either the House prosecution panel or the defense may later file a motion seeking the issuance of a subpoena for the records, at which point the court would act on the request and await the BIR commissioner’s response.
The ruling was issued during the court’s pre‑trial conference, where senator‑judges also resolved several procedural matters ahead of the presentation of evidence.
The impeachment court adopted a five‑day witness disclosure rule after the House prosecution panel agreed to the defense’s proposal, replacing its earlier request for a three‑day disclosure period.
Under the ruling, either party must disclose any witness not identified in the pre‑trial order or briefs at least five days before the witness is presented.
Escudero also instructed the party presenting its case to submit, every Tuesday, a list of witnesses it intends to call the following week, along with any motions requesting subpoenas, so the court can act on them before the week’s hearings conclude.
On the examination of witnesses, Escudero upheld the Senate’s impeachment rules, which provide that each witness should generally be examined by only one counsel for each side.
However, he noted that exceptions may be allowed “in the exigency of the delivery and administration of justice,” such as when another member of a prosecution or defense panel needs to continue the questioning.
