Unexplained wealth case will look for VP Duterte’s ‘receipts’ – Tolosa

MANILA, Philippines — “Resibo ng yaman” — receipts of wealth — are what the House prosecution will be looking for when it starts scrutinizing Vice President Sara Duterte’s declared wealth and comparing it with her tax filings, bank records, business interests, and other evidence for the second article of her impeachment case.

Private prosecutor Benjamin “Jay” Tolosa Jr. announced this in a press briefing on Monday after the testimony of retired Sandiganbayan Presiding Officer Amparo Cabotaje-Tang.

As Tolosa pointed out, under the first impeachment article, the prosecutors were looking for proof of how the vice president used her confidential funds. This time, under the second article, they will be looking for proof of how she acquired her wealth.

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

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Comparing records

Cabotaje-Tang was the first witness presented under Article II, under questioning by prosecutor Rep. Chel Diokno. She discussed the following topics:

• the purpose of the statement of assets, liabilities, and net worth (SALN)
• the comparison between an official’s property and lawful income
• the disclosure of spousal assets
• repeated omissions from SALNs
• cash declarations
• restrictions on business participation

Tolosa said the prosecution would place Duterte’s declarations beside records covering the same periods to answer the question: Does the wealth that the vice president declared in her SALNs match with the earnings she actually made in the same periods?

Tolosa said the comparison would include reported income and other financial evidence.

The prosecution has framed its Article II inquiry around four questions:

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• Where the money came from?
• Where was it declared?
• Which documents support?
• Do the records match?

According to Tolosa, prosecutors have also distinguished bank transactions from income and corporate revenue from personal wealth.

READ: Repeated SALN omissions may be concealment – retired Sandigan justice

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Framework for coming evidence

Tolosa repeated Cabotaje-Tang’s qualification that one mistake in a SALN would not immediately establish intent. So the vice president should be given the chance to explain.

He also distinguished an isolated error from the repeated omission of the same material information in successive declarations.

Tolosa emphasized that Cabotaje-Tang did not examine Duterte’s actual SALNs or determine whether her financial disclosures were accurate, as that was not the purpose of her testimony.

He said the witness supplied the framework the prosecution would want the court to apply to the succeeding evidence it would present.

The second impeachment article alleges that the vice president has wealth disproportionate to her lawful income, made incomplete or untruthful SALN disclosures, and failed to divest business interests. Duterte has denied wrongdoing.

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Deputy Speaker Janette Garin said the next question is whether every source shown by the evidence is lawful and documented. /atm