Witness explains ‘unexplained, hidden’ wealth in Sara Duterte trial

MANILA, Philippines — Investigations into the alleged unexplained wealth of a public officer can cover properties and assets belonging not only to their spouse but also to their minor children, retired Sandiganbayan Presiding Justice Amparo Cabotaje-Tang told the Senate impeachment court on Monday.

Cabotaje-Tang was called to the witness stand by the prosecution team in the impeachment trial of Vice President Sara Duterte in relation to her alleged unexplained wealth.

Article 2 of the impeachment complaint also accused Duterte of failing to “fully and truthfully disclose all her and her spouse’s assets, liabilities, and net worth” in her statement of assets, liabilities, and net worth (SALN), and failing to divest all her business interests during her tenure as vice president from 2022 to 2025.

Article continues after this advertisement

But when does an official’s wealth become questionable under the law?

FEATURED STORIES

NEWSINFO

NEWSINFO

NEWSINFO

Public prosecutor Jose Manuel Diokno posed this question during his direct examination of the witness.

READ: Diokno: Tang needed to explain how unexplained wealth is violation

“Ayun sa batas ito’y  kwestyunable (Under the law, it is considered questionable) if during   the  incumbency of the public official,  he acquired wealth that is grossly disproportionate to his salary, other lawful income, and income   generated from his legitimately  acquired properties,” Cabotaje-Tang said.

“Paano malamalaman ng pamahalaan kung ang isang opisyal  ay mayroon  ngang unexplained wealth?” Diokno then asked.

Article continues after this advertisement

(How can the government determine whether an official has unexplained wealth?)

According to the witness,  unexplained wealth can be determined usually by checking whether an official has filed a true and accurate SALN.

Article continues after this advertisement

But investigators could also look into the official’s lifestyle and income tax return,  Cabotaje-Tang added.

When Diokno asked what other documents investigators should look at  when examining whether an official had unexplained wealth,” the witness answered: “Even  the  properties and assets of the spouse and the children under 18 years of age…”

At this point, Counsel for the defense team, Mark Vinluan, objected.

“Actually this is  the danger that we’re concerned  about because I don’t think the prosecution  qualified this witness as an expert witness. Therefore , whatever opinion that she will share with us today is not expert opinion, but just her  personal opinion,”  Vinulan said.

“And that’s the danger of presenting her because she might  present her own interpretations of the law again, which is the function of this court, your honor. So w’ere  objecting to this line of questioning,” he added. 

But  Presiding Officer and Sen. Francis “Chiz” Escudero reiterated his ruling when  he  allowed the witness to testify in the trial that her testimony would still be subject to cross examination or  the defense’s presentation of another witness.

READ: Impeach court allows ex-Sandiganbayan justice Tang to testify on SALN

“Beside, anything she says as the presiding officer  said earlier is neither conclusive nor binding upon this court. So we will note the objection, but the objection is overruled,”  Escudero stressed, noting the defense lawyer’s continuing objection to the witness’ qualifications to testify  in the trial.

Earlier in her testimony, Cabotaje-Tang was asked about the difference between hidden wealth, unexplained wealth, and ill-gotten wealth.

In simple terms, the witness defined hidden wealth as wealth that is being concealed.

“For example , a public officer actually owns a property but that  property is registeredin the name of another person,” she said.

Your subscription could not be saved. Please try again.

Your subscription has been successful.

Ill-gotten wealth, on the  other hand, refers to wealth  that is acquired through  illegal means such as  bribery, misappropriation, and malversation. /jpv