Prosecution: Bank records prompted dropping of 3 impeachment charges

MANILA, Philippines – The prosecution could not have decided at the beginning of Vice President Sara Z. Duterte’s impeachment trial to concentrate exclusively on unexplained wealth because the financial documents that ultimately convinced prosecutors to narrow down the case became available only after lengthy legal disputes and compliance with court-issued subpoenas.

House private prosecutor and trial spokesperson Benjamin “Jay” Tolosa Jr. explained that the decision to withdraw three impeachment articles followed the prosecution’s examination of banking records and other financial documents that had not been available when the proceedings began.

“But we have to explain, it was not possible to make that decision at the start,” he said.

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Tolosa responded to criticism that prosecutors should have concentrated on Article II from the outset instead of spending several months presenting evidence on charges they eventually withdrew.

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“Kasi remember, itong mga dokumento na ito, hindi namin nakuha kaagad ito,” Tolosa explained.

The prosecution initially pursued four impeachment articles involving confidential funds, unexplained wealth, bribery and grave threats before withdrawing three charges on October 13, leaving only Article II for the Senate impeachment court to decide.

“The defense really tried to block this,” Toloa said, referring to the objections raised against the production of financial records.

The defense had challenged requests for banking documents and other financial information, prompting arguments before the impeachment court over whether the prosecution could compel their disclosure.

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“After ma-subpoena yan, medyo matagal na time ‘yan bago sila nag-present,” Tolosa recalled.

The court eventually authorized the production of records from banking institutions and other agencies, with the prosecution receiving substantial volumes of documents that required examination and comparison with Duterte’s official declarations.

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“At kailangan hintayin ‘yan sabay-sabay bago i-release,” Tolosa explained.

“We all saw the boxes of documents. Doon lang namin napag-aaralan,” Tolosa added, recalling how prosecutors reviewed the materials after receiving them.

The resulting analysis by forensic accountant Alexander Cabrera identified approximately P817.87 million in allegedly unexplained wealth, while prosecutors also cited broader financial discrepancies reaching about P1.5 billion, figures disputed by Duterte’s defense.

“Doon lang lumabas itong figure na ito na napakalinaw as explained by Attorney Cabrera na 817 to 1.5 billion,” Tolosa said.

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He said the financial analysis ultimately convinced prosecutors to narrow the trial to Article II.