In a landmark testimony before the Senate impeachment court, retired Sandiganbayan Presiding Justice Amparo Cabotaje-Tang stated that public officials cannot evade scrutiny by hiding behind the bank accounts or incomes of their spouses. This statement counters a key argument made by Vice President Sara Duterte's defense.
Legal Framework on Asset Scrutiny
The properties in the name of other persons and even the spouse and the children may be considered in determining whether the official has unlawfully acquired wealth.
Amparo Cabotaje-Tang, Retired Sandiganbayan Presiding Justice
- Authorities can investigate spousal assets under Republic Act 3019.
- The Supreme Court case Republic vs Rabusa supports asset scrutiny to prevent concealment.
Cabotaje-Tang's remarks were made during the 24th day of the impeachment trial, where she explained that the law empowers investigators to look into the finances of a government official's spouse and children. This is aimed at identifying any ill-gotten wealth.
She emphasized that government officials often use intermediaries, such as 'dummies or nominees,' to obscure their wealth, highlighting the importance of verifying the financial capacity of family members involved.
The retired justice elaborated, stating, 'If they did not have the capacity to purchase those assets in their independent capacity, then that acquisition will be traceable to the public official.' This assertion directly challenges Duterte's legal team's stance that her husband, lawyer Manases 'Mans' Carpio, should be exempt from scrutiny due to his private citizen status.
Recent reports from the Anti-Money Laundering Council revealed that approximately P6.77 billion worth of transactions were processed through the bank accounts of both Duterte and Carpio, including P2.99 billion tied to Carpio.