QC court rejects VP husband's bid over impeachment records

MANILA, Philippines — A Quezon City court has dismissed the petition of lawyer Manases "Mans" Carpio seeking to halt the impeachment proceedings against his wife, Vice President Sara Duterte, ruling that the case should have been filed before the Supreme Court.

In a May 6 order, Quezon City Regional Trial Court Branch 81 denied Carpio's petition for prohibition and his request for a writ of preliminary injunction against House Speaker Faustino "Bojie" Dy III, House justice committee chairperson Rep. Gerville Luistro and Bureau of Internal Revenue Commissioner Charlito Mendoza.

"Accordingly, the petition for prohibition is dismissed for lack of jurisdiction. The prayer for issuance of a writ of preliminary injunction is denied," the court said in the order, a copy of which was reported by News5.

The court said the respondents were acting in their official capacity as part of the House Committee on Justice, a co-equal branch of government, and that the case "should have been filed with the Supreme Court."

Nod to House impeachment powers

Carpio had asked the court to stop the House proceedings and block the release or use of tax records sought by the justice committee in connection with the impeachment case against Duterte.

The court, however, said the House committee was not usurping power but exercising jurisdiction vested by law.

Citing the Constitution, the court noted that the House of Representatives has the "exclusive power to initiate all cases of impeachment" and that impeachment complaints are referred to the proper committee.

"Conversely put, prohibition cannot lie against [House Committee of Justice] which is a validly constituted body exercising jurisdiction vested by law," the order read.

The court also said the issuance of a subpoena duces tecum ad testificandum was an inherent power of the committee, which was validly created by law to carry out its constitutional mandate in the conduct of its hearing. Such a subpoena is an order for a person to appear and testify, or bring documents or records for the proceedings.

Tax records issue

Carpio's petition stemmed from the House justice panel's subpoena seeking income tax returns and related records covering 2007 to 2025. He argued that the subpoena violated privacy and amounted to a "fishing expedition."

The House justice committee had earlier directed the BIR to produce tax records of Duterte, Carpio and firms linked to them as part of its impeachment proceedings. The panel later voted 38-6 on April 29 to keep the sealed box containing the tax records unopened and leave the decision to the Senate impeachment court if the case proceeds to trial.

In the May 6 order, the court also rejected Carpio's request to have the court take judicial notice—that is, formally recognize as facts in the case—BIR chief Mendoza's refusal during an April 22 House hearing to publicly disclose the tax returns

The court said news articles and YouTube links could not be treated as matters for judicial notice. News articles are "hearsay evidence, twice removed," the court said, unless offered for a purpose other than proving the truth of what they assert.

The ruling comes as the House justice committee has advanced the impeachment case against Duterte to the lower house's plenary. The committee earlier ruled that there was probable cause to impeach the vice president after hearings on allegations involving unexplained wealth, alleged misuse of confidential funds and threats against President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos and former Speaker Martin Romualdez.

Duterte has denied all wrongdoing.