VP trial: Carpio law firm bank records subpoenaed, court notes possible challenge over client information
The subpoenas issued by the Impeachment Court covered the bank and tax records of Carpio Lawyers, the law firm of Vice President Sara Duterte’s husband Manases Carpio, and the court acknowledged that this. . .
The subpoenas issued by the Impeachment Court covered the bank and tax records of Carpio Lawyers, the law firm of Vice President Sara Duterte’s husband Manases Carpio, and the court acknowledged that this could give rise to legal challenges due to the possible disclosure of client information. The court on Monday granted the prosecution’s request to subpoena the financial records of Duterte, Carpio, and corporate entities linked to them. The court said Carpio’s records have to be examined because of the absolute community of property governing his marriage to Duterte, which means funds deposited in his account are legally presumed to form a single, indivisible, massive community property jointly owned with Duterte. It said investigating his financial records is not an unwarranted intrusion into a third party’s privacy. It also said the financial records of Carpio Lawyers are subpoenaed, but with reservation that the firm or its clients may challenge the summons due to the potential disclosure of sensitive information. “The chair notes the practical reality that an examination of a law firm’s bank accounts may incidentally disclose sensitive information relating to its clients and legal engagements. The court acknowledges that the partnership and/or the clients of Carpio Lawyers may seek appropriate remedies and to challenge compliance with applicable legal requirements,” it said in the ruling read by Escudero. It said concerns relating to attorney-client privilege may be raised. In granting the subpoena for Carpio Lawyers’ Anti-Money Laundering Council records, the Impeachment Court said an exception under the law cannot be invoked absent any showing that the particular records sought would compromise a protected confidence. “It protects client confidences. It does not confer a blanket immunity upon every financial record bearing the law firm’s name. The request for the issuance of subpoenas for the identified financial records, therefore, pertaining to Carpio Lawyers is granted subject to remedies in law and/or their legal right to assert a specific claim of privilege over a particular document at the proper time,” it said. A generalized blanket invocation of attorney-client privilege will not excuse compliance with the subpoena, it added.