司法 · Duterte 弹劾案持续报道 · 第 2 篇,共 2 篇
Duterte 案检方称,美元账户披露后,现有案件已足够
原语言视频
译自英文原文。
自上次报道以来的变化
46 小时后
现在
辩方已撤回全部16名银行证人。检方称不需要更多证据——但美元账户余额和 BPI 信函的最终地位仍未解决。
Sara Duterte 的辩方证人名单上有16名银行官员。16人全部被撤下:15人于11月11日被撤下,随后是菲律宾群岛银行(BPI)高级副总裁 Paul Ysmael,他于11月12日被撤下,检方尚未来得及就涉及菲律宾副总统美元账户的文件向他提问。37
然而,检方并未承诺重新追查美元余额。2026年11月14日,在奎松市的一场新闻论坛上,检方律师 Benjamin “Jay” Tolosa Jr. 表示,团队已有足够证据支持其无法解释财富的案件。他的说法将注意力从新近讨论的账户可能包含什么,转向已经提交的财务记录能够证明什么。35
我们对此感到满意。我们认为没有必要提交更多证据。
撤回证人意味着什么
被撤回的拟传唤证人来自8家银行。他们不是16名已经作证、随后撤回证词的人。从辩方名单中移除他们,意味着放弃原计划的证词;撤回 Ysmael 也意味着辩方放弃了在该场听证会上对他进行交叉询问的机会。37
辩护律师 Michael Poa 给出了直接的程序性解释。原本安排 Ysmael 认证一封由 Poa 撰写的询问信,但 Poa 表示,他在此前一次程序中已经承认该信由自己撰写。该文件已被标记为辩方证物。据 Philstar 11月13日的报道,Poa 于11月12日告诉法庭:“为了节省时间,我们还是不传这名证人了。”37
检方怀疑这是战略性退让。众议院检察官 Joel Chua 将可能的质询比作打开“潘多拉魔盒”,检方发言人 Zia Alonto Adiong 则表示,此举可能会揭露更多需要解释的金额。但 Chua 自己也作出了必要的保留:“嗯,我们只能猜测。”他们的怀疑并不能证实辩方的动机。1
已提交参议员审议的计算结果
Adiong 称银行证据是“无可争辩的事实”。这是诉讼一方的定性,并非弹劾法庭的结论。Tolosa 较为有限的说法是,检方提交这些账户资料时,辩方并未质疑其真实性;截至当时,也没有辩方证人否认这些账户存在或直接质疑相关记录。1
这些区别很重要。证明文件来源、证明账户存在,以及证明财富申报不足或未得到解释,是不同的工作。记录可以是真实的,但检方对记录的解读未必因此具有决定性。撤回用于认证文件的证人,并不能了结指控。
Tolosa 提到某些年份的年末余额超过 PHP20 million 和 PHP30 million,但没有指出账户或年份。这些例子不能负责任地相加,也不能归到美元账户名下。Cabrera 先前给出的较宽区间——PHP817.87 million 至 PHP1.5 billion——同样是检方的估算,并非对美元账户重新估值,也不是法庭认定。1
截至11月12日,即第43个庭审日,辩方在四个听证日内传唤了六名证人。检方坚持认为,这些证人没有直接反驳 Cabrera 的计算。这只是他们对辩方尚未完成举证时情况的评估;这并不构成辩方认罪,也不免除检方证明其案件的责任。37
美元账户证据仍未有定论
Tolosa 于11月14日表示,由于适用的银行保密法不允许查阅其他外币账户,因此没有对这些账户发出传票。这是他对传票限制的解释,并非针对具体账户、已确定并排除所有可能进一步取得记录途径的裁决。35
他还提到已提交的 Calle88 外币交易记录。该公司据称有47.5%由 Carpio 持有。他没有提供交易金额。公司的记录不能证明 Duterte 个人美元账户的余额,而部分持股也不意味着公司的全部资金都属于股东个人资产。35
下一次听证会定于11月19日和20日举行。之后参议院将暂停审理,集中处理2027年国家预算,预计12月1日恢复一个庭审日。这是预计恢复审理的日期,并非宣判日期。眼下的检验在于,辩方是否回应现有财务证据,以及这些证据是否支持检方指控,而非仅仅支撑检方的信心。35
时间线
第 3 天 · 2 篇报道
最先报道
辩方撤回菲律宾群岛银行法律负责人作为证人。检方表示,其文件中的一封银行信函确认了美元账户。
我们的播报 · 第 1 次更新
一封银行信函显示萨拉·杜特尔特持有美元账户,而辩方撤回了本可就此接受询问的银行证人我们的播报 · 第 2 次更新当前位置
Duterte 案检方称,美元账户披露后,现有案件已足够
来源24
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来自 24 家媒体的 40 个来源· 引用最多的优先
inquirer.net6
- Sara Duterte Impeachment Trial: Everything you need to know
- Analyst: VP Sara didn’t declare P817-million wealth
- VP impeachment trial: What the prosecution presented in 3 articles
- Prosecution seeks clarity on VP Duterte's alleged dollar accounts
- Senate okays subpoena for VP’s tax, bank docs
- Prosec: VP’s bank accounts, undeclared balances still undisputed
Google News Philippines (PH:en)pna.gov.ph3
abante.com.ph1
ASTIG: Philippine News & Reviewsastig.ph1
bilyonaryo.com1
bsp.gov.ph1
congress.gov.ph1
播出原貌
- Duterte's prosecutors see no need for more evidence after the disclosure of her dollar accounts.
- They're putting their existing financial case at the center of a trial that could remove the Philippine vice president. Conviction requires 16 Senate votes.
- On November 12, we reported that a BPI letter confirmed dollar accounts and the defense dropped a bank witness. Prosecutors now say they're satisfied with the evidence they've already presented.
- What will the defense answer when hearings resume, and can prosecutors still use the BPI material?
- Prosecution counsel Benjamin Tolosa Jr. says the team doesn't need additional evidence. His statement shifts attention back to the financial records already presented, even though nobody has disclosed the dollar balances or whether Duterte declared them.
- Tolosa made that statement on November 14. The defense's withdrawal of bank witnesses is also much broader than the single withdrawal described in the earlier broadcast.
- The Senate is hearing the case in Pasay City. Tolosa spoke at a news forum in Quezon City, two days after prosecutors questioned the defense's decision to drop the BPI official they wanted to cross-examine.
- The defense removed all 16 bank officials from its witness list. Fifteen were withdrawn on November 11. BPI senior vice president Paul Ysmael followed on November 12, ending the opportunity to question him at that session.
- Those prospective witnesses came from eight banks. They hadn't all testified and then taken back their evidence. The final withdrawal stopped prosecutors from cross-examining Ysmael about the BPI documents, including the information about dollar accounts.
- Defense counsel Michael Poa said Ysmael was no longer needed because Poa had already acknowledged writing the inquiry letter. Ysmael was supposed to authenticate it, confirming its origin. The letter had been marked as a defense exhibit.
- Poa's acknowledgment concerned his own letter. Whether Duterte properly disclosed her assets requires a separate judgment about the financial evidence. Tolosa also said other withdrawn bank representatives were meant to authenticate letters sent by Duterte's husband, Manases Carpio. That was a different set of letters from Poa's inquiry.
- Prosecution spokesperson Zia Alonto Adiong said bank managers had confirmed accounts belonging to Duterte, Carpio and companies where they held financial interests. He alleged that some balances were missing from Duterte's sworn asset declarations.
- Those declarations are called Statements of Assets, Liabilities and Net Worth, or SALNs. Disclosure rules include a public official's spouse's assets and financial interests. Adiong called the bank evidence an “indisputable fact.” The impeachment court hasn't ruled that the alleged wealth was undeclared or unexplained.
- Prosecutors cite forensic accounting expert Alexander Cabrera's earlier calculation of at least 817.87 million pesos in alleged unexplained wealth and undeclared assets. It concerns Duterte and Carpio from 2022 through 2025, refining the earlier description of four years.
- Cabrera's broader earlier estimate ranged from 817.87 million pesos to 1.5 billion pesos. Tolosa also cited year-end balances exceeding 20 million pesos and 30 million pesos in certain years. He didn't identify which accounts or years those examples concerned, so they can't be added together or assigned to the dollar accounts.
- Tolosa said the defense hadn't challenged the accounts' authenticity when prosecutors presented them. He also said no defense witness had denied their existence or directly disputed the records. Senators still have to decide whether the assets were adequately declared and explained.
- By November 12, trial day 43, the defense had presented six witnesses over four hearing days. Prosecutors said those witnesses hadn't directly rebutted Cabrera's calculation. The defense was still presenting its case. Withdrawing an authentication witness doesn't settle the unexplained-wealth charge.
- Subscribe to this channel to follow the defense's next hearings and what happens to the BPI evidence.
- Tolosa says bank-secrecy laws restricted access to other foreign-currency accounts, so those records weren't subpoenaed. He also cited foreign-currency transaction records already presented for Calle88, a company described as 47.5 percent owned by Carpio.
- He supplied no transaction amount for Calle88. Company transaction records don't tell senators Duterte's personal dollar-account balance, and Carpio's partial ownership doesn't turn all company funds into his personal assets. Tolosa's explanation of the subpoena limits also leaves the court to address any later attempt to obtain or use more records.
- House prosecutor Joel Chua acknowledged that prosecutors could only guess why the defense withdrew Ysmael. He likened potential questioning to opening a “Pandora's box.” Adiong suggested it could expose more amounts needing explanation. Those were their suspicions about defense strategy.
- Poa's stated reason was saving time because he'd already acknowledged his letter. Holding a foreign-currency account is lawful. The charge concerns whether Duterte's assets were properly declared and explained, and the dollar-account disclosure hasn't produced another quantified allegation.
- Presiding officer Senator Francis Escudero left prosecutors several later ways to raise the BPI material. On November 12, he declined an additional prosecution statement at that point because the prosecution had already rested its case.
- He allowed for a tender of excluded evidence, which preserves material the court hasn't accepted, or its discussion in written arguments and closing arguments. Prosecutors could also seek to present rebuttal evidence after the defense rests. Tolosa's latest statement leaves those possible uses open, but whether prosecutors will pursue them is still unclear.
- The BPI letter's final admission into evidence also remains unresolved. Marking a document as an exhibit is one stage of that process.
- An older BPI transaction involved a joint account held by Sara Duterte and her father, former President Rodrigo Duterte. Anti-Money Laundering Council executive director Ronel Buenaventura described that account at the Julia Vargas branch in Pasig City during October testimony.
- A covered transaction report recorded a 9.1 million peso withdrawal in April 2013. That predates Cabrera's 2022–2025 calculation and concerns a separate piece of evidence. The transaction report itself doesn't prove the money was illicit.
- The trial now concerns Article Two, the sole remaining charge of alleged unexplained wealth. Prosecutors dropped three of the original four articles on October 13. The immediate opportunity for the defense to answer the existing financial case comes at the next scheduled hearings.
- The next hearings are scheduled for November 19 and 20, five days after Tolosa's forum. The Senate then pauses the trial to focus on the 2027 national budget. The next trial day is expected on December 1.
- Prosecutors say their existing evidence is enough, while the defense still has its opportunity to answer it. The defense's completion date and the schedule for closing arguments or a vote haven't been announced. December 1 is the expected resumption of testimony.
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