Diokno Asserts Necessity of Full Financial Disclosure in Unexplained Wealth Cases

Manila: Supreme Court (SC) jurisprudence requires authorities to examine the entire financial picture of a public official when determining whether unexplained wealth exists, House of Representatives prosecutor and Akbayan Party-list Rep. Chel Diokno told the Senate impeachment court on Monday. Responding to questions from Senator-Judge Joel Villanueva during the oral arguments on the prosecution's subpoena requests, Diokno said the request for financial records of Vice President Sara Z. Duterte is firmly anchored on existing jurisprudence rather than speculation.

According to Philippines News Agency, Diokno emphasized that the subpoena request is linked to Article 2 concerning charges of unexplained wealth. He highlighted that SC jurisprudence makes it clear that a comprehensive examination of financial records, beyond the Statement of Assets, Liabilities and Net Worth (SALN), is necessary to understand the full financial picture of a public official. Diokno argued that the SALN provides only a limited view and that bank records are essential to capturing the day-to-day financial transactions.

To support the prosecution's position, Diokno cited the SC ruling in Department of Finance-Revenue Integrity Protection Service v. Merencilla, which underscored the importance of considering a respondent's complete financial circumstances. He noted that investigators in that case failed to account for all potential sources of income and real and personal properties, leading to an inconclusive determination of unexplained wealth.

Diokno asserted that the prosecution is adhering to the same legal standard in seeking the subpoenaed records, emphasizing the SC's criticism of the Ombudsman in previous cases for not fulfilling their duties. He stressed the importance of acquiring records from the Bureau of Internal Revenue (BIR), bank records, and the Anti-Money Laundering Council (AMLC) to fully assess the assets, liabilities, and potential unlawful income of the respondent.

During the hearing, Diokno reiterated that a subpoena is the only legal avenue available for the impeachment court to obtain the necessary documents. He assured that any questions regarding the admissibility of these records as evidence would be addressed later, allowing the defense ample opportunity to object or oppose their inclusion.