MANILA – Sen. Panfilo “Ping” Lacson said the impeachment court handling the case against Vice President Sara Duterte-Carpio should not keep custody of the so-called “BIR Green Box” containing the Vice President’s tax records, saying it may instead return the sealed box to the House prosecution panel.

Lacson said the impeachment court has no authority to decide whether to open or unseal the box and warned that doing so could expose the court to allegations of grave abuse of discretion.

“One of the things we agreed upon in Friday’s senators’ caucus was to return the box because keeping it in our custody will violate the law. It is not the Impeachment Court or any court’s role to unseal it,” he said in a mix of English and Filipino in an interview on DZMM radio.

He added that Senate President Francis Escudero was correct in saying the impeachment court should not act as custodian of evidence unless it has been formally presented and admitted during the trial.

“Sen. Francis Escudero is right in saying the Impeachment Court has no business safekeeping the evidence because it is a court – unless it is presented and admitted as evidence before the court by the prosecution or defense,” he added.

Lacson cited Section 71 of the National Internal Revenue Code, saying the tax records may only be opened with written authority from the President upon the recommendation of the Bureau of Internal Revenue and the Department of Finance.

He added that another circumstance that could allow the box to be unsealed would be if the respondent provides a written waiver.

Lacson also said the prosecution should not ask the impeachment court to assume responsibility for opening the box, adding that it should instead seek authorization from the Office of the President.

“The prosecution should not pass the burden of unsealing the box to the Impeachment Court. The prosecution may ask permission from the Office of the President to unseal the box. But it should not pass the burden to us because we will not do it,” he said.

On the impeachment proceedings, Lacson said the Senate majority bloc would leave it to Senate President Sherwin Gatchalian to appoint an official spokesperson for the impeachment court, preferably a lawyer who would closely coordinate with Senate Secretary Renato Bantug Jr., the impeachment clerk of court.

He also said the majority hopes to finalize the designation of the impeachment court’s presiding officer during a caucus on Monday morning.

Lacson said he would decide the case solely on the evidence presented.

“As far as I’m concerned, I guarantee 1,000 percent I will base my decision on the evidence, not on political alliances or personal biases. That I am sure of,” he said.

He likewise maintained that the impeachment trial should continue regardless of attendance, saying the number of senator-judges present only becomes relevant when a decision is rendered.

“We cannot allow the court to be held hostage if some refuse to attend or even boycott the proceedings. This is our constitutional duty,” he said.

“In fairness to the Vice President, the trial must proceed so that if a verdict is reached to acquit her, she will be cleared. But the court cannot be held hostage by those who refuse to attend,” he added.