Ombudsman key to access VP Sara bank records amid impeachment trial: Carpio

Vice President Sara Duterte answers questions during a post-event press conference following the 2025 KASARILAYAAN Pride Reception on Wednesday, June 25, at the LausGroup Event Centre in San Fernando, Pampanga. Maria Tan, ABS-CBN News

MANILA — The Ombudsman holds the key to access the bank records of Vice President Sara Duterte, who is accused of "unexplained wealth and failure to disclose assets" by lawmakers who set in motion her impeachment trial, according to a former magistrate.

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Access to the bank accounts of Duterte may take center stage once her impeachment trial formally starts, but former SC justice Antonio Carpio said the prosecution panel will definitely have to hurdle legal and political obstacles. 

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"Under the bank secrecy law natin, bank deposits are absolutely confidential pero may mga exceptions, two ang applicable dito: one in case of impeachment, walang qualification; pangalawa, if there is a written consent from the depositor," Carpio told DZMM.

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He believes the prosecution panel will file a motion before the impeachment court to issue a subpoena duces tecum on Duterte's bank records, but that move will have to be decided by the presiding officer or the senator-judges.

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"That will be voted upon by the judges, or the presiding officer/Senate President can decide that on his own or can throw it to the body... So magkakaroon talaga ng voting, majority vote talaga ang kailangan," Carpio said.

OMBUDSMAN 'AUTHORIZATION'

But Carpio said the Ombudsman is another gateway to the bank records of Duterte.

"Under the SALN law, all public officials submit their SALN annually, merong provision don before you sign, 'I hereby authorize the Ombudsman to verify my assets, liabilities.' So the Ombudsman has the power to ask the AMLC to send the records of public officials with respect to their bank accounts," Carpio said.

"Ganyan ang nangyari kay Chief Justice [Renato] Corona," he added. 

In 2017, the Office of the Ombudsman initiated an investigation into the bank transactions of President Rodrigo Duterte and his family, which allegedly amount to hundreds of millions of pesos.

Then Overall Deputy Ombudsman Arthur Carandang said the AMLC provided the bank records, covering transactions from 2006 to 2016, to the Ombudsman in 2016.

In the interview, Carpio said the SALN form may be considered as Duterte's "written consent" to expose her bank accounts, without needing the permission of the banks.

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"It will fall under the exemption of written consent of depositor dahil in every SALN biibigyan mo ng authority ang Ombudsman to verify your SALN," he said. 

Ombudsman Samuel Martires, appointee of former President Rodrigo Duterte, the VP's father, had been criticized for restricting access to government officials' SALN.

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But Carpio noted that Martires is retiring soon and "there will be a new Ombudsman by the time of the trial."

"Wala na yung present Ombudsman, may bago na."

Justice Secretary Jesus Crispin Remulla had confirmed that he was applying to be the next Ombudsman.

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