Govt officials can’t hide behind spouse’s bank accounts, witness tells impeach court

MANILA, Philippines — A public official cannot hide behind a spouse’s private income or separate bank accounts to deflect allegations of unexplained or ill-gotten wealth, retired Sandiganbayan Presiding Justice Amparo Cabotaje-Tang told the Senate impeachment court on Monday, directly countering Vice President Sara Duterte's defense that investigators cannot look into her husband's assets.

Testifying on the 24th day of the impeachment trial as a witness for the prosecution panel of the House of Representatives, Cabotaje-Tang said that authorities could investigate assets of a government official’s spouse and children, invoking Section 8 of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

"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]," Cabotaje-Tang told the Court under examination by Rep. Chel Diokno of the House prosecution panel.

Cabotaje-Tang also cited the Supreme Court case of Republic vs Rabusa, emphasizing that the law scrutinizes spousal assets precisely "to prevent concealment."

Addressing questions from Senate President Sherwin Gatchalian on how unexplained wealth is disguised, Cabotaje-Tang cautioned that officials frequently deploy "dummies or nominees or even proxies, or the assets are registered in the name of or names of other people."

She cited Heirs of Ligot v. Sandiganbayan, stating that investigators determine whether the relative or spouse possessed genuine independent purchasing power.

“The determinant here, according to the Supreme Court, is: Were these people—the spouse, children, or other individuals—financially capable of lawfully acquiring those assets?” Cabotaje-Tang said.

"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. Then that asset will be attributed as the public official's asset," she added.

Cabotaje-Tang’s testimony bears directly on one of the core defenses of Duterte in the impeachment trial, as her lawyers argue that the Court cannot look into the bank accounts of her husband, lawyer Manases “Mans” Carpio, as he is a private citizen and not an impeachable officer.

The Anti-Money Laundering Council previously reported that P6.77 billion worth of transactions were coursed through the bank accounts of Duterte and Carpio, including P2.99 billion linked to the vice president’s husband.