Duterte defense presents confidential tax audit letters, privacy concerns raised

MANILA — Vice President Sara Duterte’s defense panel in her impeachment case displayed Friday copies of letters of authority (LOAs) issued by the Bureau of Internal Revenue (BIR) to audit the tax records of Duterte and her husband, lawyer Manases Carpio, despite the documents’ confidential nature.

Although Duterte had consented to the presentation of the letters in court, a witness from the BIR raised concerns that the names of revenue officers had not been redacted, prompting presiding officer Sen. Francis Escudero to remind the parties to exercise greater caution in handling sensitive documents.

A LOA authorizes revenue officers to examine a taxpayer’s books of accounts and records.

The letters were flashed during defense counsel Kristine Ferrer’s cross-examination of witness Anne Loraine Garcia-Marquez, chief of staff at the BIR Office of the Commissioner.

During a series of questions related to the LOA, Marquez reminded the defense, “The contents of the LOAs are confidential, but you are the ones…”

“We are the client, yes,” Ferrer interjected.

Public prosecutor Erwin Matib backed Marquez, stressing it was the defense who showed the documents.

“We put on record that it was the defense who put on the screen these LOAs, which according to them are supposed to be confidential,” Matib said.

But Ferrer said the defense was given consent. “That is our client’s right also which can be waived, Your Honor. I mean, not waiver, consent [of the taxpayer],” she said.

Marquez later pointed out that the names of revenue officers were visible when the LOAs were displayed before the impeachment court, even though they “should have been redacted.”

“We manifest, Your Honor, that there has been a violation of the privacy of the people involved,” Matib said. “Their names were flashed on the screen for everyone to see.”

Presiding officer Sen. Francis Escudero later ordered the Senate’s original livestream of the proceedings to be taken down and a redacted version uploaded to conceal the names of the revenue officers.

He also reminded both the prosecution and defense panels to exercise caution when disclosing sensitive information.

“We would like to remind not only Atty. Kristine and the counsels for the respondent, but also the counsel for the prosecution to be careful next time in so far as revealing names or addresses, given the public nature of these proceedings,” he said.

“It might violate some provisions of the Data Privacy Act, as well as the security of certain officials of government engaged in various activities as part of their official functions and duties,” he added.

He also advised media entities who carried the Senate’s livestream “to be on the lookout for themselves” over potential data privacy concerns.

Marquez is testifying about Duterte and Carpio’s tax records, which are under scrutiny by the Senate court over allegations that the country’s second-highest official amassed unexplained wealth.