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LATEST COMMENTARY

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FIVE THINGS TO KNOW

6:10 PM4-minute read

ABOUT THE DISPUTE OVER CHANGING THE ORDER OF IMPEACHMENT WITNESSES

The argument at Thursday’s impeachment hearing was about which witness the prosecution could present next. It began with an absent lawyer and became a dispute over preparation and notice. Understanding the exchange helps explain why a courtroom can pause even when the parties, documents and another potential witness are already in the building.

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3:01 PM3-minute read

ABOUT MARK VILLAR’S MOVE TO THE SENATE MAJORITY

Senator Mark Villar has formally left the Senate minority and joined the majority. The October 8 move strengthens the bloc supporting the chamber’s leadership and gives Villar two significant positions. Its implications for Sara Duterte’s impeachment trial, however, require more than counting political allies.

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9:56 AM4-minute read

ABOUT THE MANAGER’S CHECKS AND THE QUESTIONS OVER SARA DUTERTE’S SALN

A bank balance can fall even when the value represented by the money has not disappeared. That distinction sits behind the prosecution’s questions about manager’s checks in Sara Duterte’s impeachment trial. To understand the October 7 testimony, we need to follow the instrument, the person entitled to its value and the declaration of assets for the relevant year.

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9:08 PM3-minute read

ABOUT WHAT COA’S REJECTION OF THE OVP APPEAL MEANS

COA has rejected the request to reconsider the ₱73.287-million disallowance involving the Office of the Vice President’s December 2022 confidential expenses. The October 5 resolution became public on October 7. Its significance is easier to understand when the amount, the audit finding and the available legal remedies are kept separate.

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7:47 AM3-minute read

ABOUT WHAT BANK SECRECY PROTECTS IN AN IMPEACHMENT TRIAL

The arguments over bank records in Sara Duterte’s impeachment trial involve several protections. The privacy of a peso deposit, the protection of a foreign-currency deposit, and the confidentiality of a report sent to the AMLC come from different rules. Understanding those differences helps explain what the court has allowed and what remains in dispute.

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8:43 AM8-minute read

ABOUT THE AMLC RECORDS IN SARA DUTERTE’S IMPEACHMENT TRIAL

₱4.4 billion is a figure that can dominate a conversation before anyone asks what it counts. AMLC Executive Director Ronel Buenaventura presented that approximate total in the Senate impeachment court on October 5, covering reported transactions involving Vice President Sara Duterte and her husband, Manases Carpio. He also explained that a bank correction had reduced the earlier figure of ₱6.7 billion.

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6:44 PM5-minute read

ABOUT THE COINS.PH CASH-IN RESTRICTION AND WHAT USERS SHOULD CHECK

If you use Coins.ph to receive money or pay bills, a failed cash-in can disrupt plans for the day. Coins.ph has announced that some incoming peso services are temporarily unavailable following a BSP directive to improve its internal controls. Its advisory also identifies services that existing customers can still use.

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12:00 PM5-minute read

ABOUT THE PROPOSED RULES ON SECONDHAND PHONES

A secondhand phone can put a useful device within reach of someone who cannot afford a new one. The problem comes when the buyer has no clear information about where it came from, what condition it is in, or who will fix it if it fails.

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8:35 PM6-minute read

ABOUT THE SUPREME COURT’S DECISION ON THE IMPEACHMENT VOTE THRESHOLD

The Supreme Court dismissed three petitions on September 30 challenging how the Senate impeachment court would count the votes needed to convict Vice President Sara Duterte. The dismissal leaves the Senate’s September 23 ruling in place, but it needs to be read carefully. A case can be dismissed because it does not meet the requirements for the Court to hear it, without settling whether the challenged action is constitutional.

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6:12 AM6-minute read

ABOUT WHAT BASTE DUTERTE SHOULD HAVE CHECKED AS MAYOR

Davao City Mayor Sebastian “Baste” Duterte told the Senate impeachment court on September 29 that he had been unfamiliar with GenCorp Industries Inc. before it came up in the proceedings. He also said he did not know about Vice President Sara Duterte’s declared business interest in the company.

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10:45 PM7-minute read

ABOUT THE OCTOBER WATER-RATE INCREASES

Metro Manila households served by Maynilad and Manila Water will see slightly higher water charges beginning October 1. The announced increases are small for many residential customers, but the figures vary by concessionaire and consumption level. That makes it easy to misunderstand a notice expressed only in centavos per cubic meter.

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7:21 AM6-minute read

ABOUT THE NOTE HANDED TO GIBO TEODORO IN SEOUL

Defense Secretary Gilberto “Gibo” Teodoro Jr. was answering questions at the Seoul Defense Dialogue on September 8 when a man handed him a note. He read it aloud, challenged its rejection of the 2016 South China Sea ruling and objected to being interrupted that way.

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9:55 AM8-minute read

ABOUT EL NIÑO AND PREPARING FOR LESS RAIN

It can be raining outside while PAGASA warns about El Niño. That can sound confusing when the immediate problem is a wet road or a flooded field. The two warnings describe different periods: the weather happening now and the rainfall conditions that may develop over the coming months.

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5:30 AM8-minute read

ABOUT THE NEW ARREST WARRANTS AGAINST ZALDY CO, MARTIN ROMUALDEZ AND TWO OTHERS

The Sandiganbayan has ordered the arrest of Zaldy Co, Martin Romualdez and two other accused in the plunder case filed on September 7. By Monday evening, authorities had served Romualdez's warrant and carried out booking procedures at Cardinal Santos Medical Center in San Juan. His arrest is a confirmed development; it does not establish that his three co-accused are also in custody.

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3:15 PM8-minute read

ABOUT THE PLUNDER CASE AGAINST MARTIN ROMUALDEZ

The Office of the Ombudsman filed a plunder case against former House Speaker Martin Romualdez at the Sandiganbayan on September 7 over his alleged involvement in flood-control kickbacks. The accusations have now reached the court that will handle the criminal case. Romualdez denies wrongdoing and remains presumed innocent.

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1:18 PM7-minute read

ABOUT THE NEW SWS POVERTY NUMBERS

Self-rated poverty and food poverty declined in June, but the figures also show how many Filipino families remain under pressure and why lower household budgets do not necessarily mean life became cheaper.

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2:02 PM11-minute read

ABOUT THE CHILDREN'S SOCIAL MEDIA SAFETY ACT

House Bill No. 9965 would bar children below 13 from having social media accounts, require parental consent for users aged 13 to 17, regulate platform algorithms, and impose fines reaching P50 million. It is still being deliberated in the House.

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12:02 PM7-minute read

ABOUT THE SEALED BIR BOX

Marcos authorized the BIR to comply with the Senate subpoena. That did not open the records to the public or prove the unexplained-wealth allegation.

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October 9, 2026 · 8:49 PM5-minute read

ABOUT THE BIR’S TEN-YEAR RULE IN SARA DUTERTE’S IMPEACHMENT TRIAL

When can the BIR examine an old tax return? That question became part of Friday’s impeachment hearing when defense counsel Kristine Ferrer asked whether alleged fraud discovered in 2026 would put the earliest assessable tax year at 2016. The prosecution objected, and presiding officer Chiz Escudero sustained the objection.

Anne Loraine Garcia-Marquez during the October 9, 2026 impeachment hearing. Photo: Joseph Muego / Journal News.

The exchange needs a careful explanation because several clocks are involved. A deadline for assessing tax, the period for prosecuting a tax offense and the use of financial records in an impeachment case serve different purposes. Here are five things to understand.

1

Three years is the ordinary assessment period

Section 203 of the National Internal Revenue Code generally gives the BIR three years to assess internal revenue taxes. The period is counted from the statutory filing deadline. If a return is filed late, the count generally begins on the actual filing date. An early filing is treated as made on the statutory deadline.

An assessment is the bureau’s determination of a tax liability. It is a distinct step from sending authority to examine records or asking a taxpayer to explain an entry. That distinction helps identify which deadline is being discussed.

The ordinary three-year period has exceptions, so a prescription argument needs the applicable rule and supporting dates.

WHAT TO WATCH

The filing deadline, actual filing and assessment dates, and any applicable exception or valid extension.

2

The ten-year exception requires a legal basis

Section 222(a) provides the longer period for a false or fraudulent return with intent to evade tax, or a failure to file a return. The Supreme Court has explained that a simple error or discrepancy does not automatically establish the intentional falsity required for the extraordinary period.

This protects both the government’s ability to pursue concealed violations and the taxpayer’s right to be free from an investigation kept open through unsupported allegations. Invoking fraud requires a basis in evidence. The law also contains a rebuttable presumption for specified substantial underdeclarations; its conditions must be established rather than assumed.

In Duterte’s case, the existence of a tax inquiry or testimony about this provision should not be treated as a finding that she or her husband committed tax fraud.

WHAT TO WATCH

Which ground the BIR is invoking, the records supporting it and the taxpayer’s response. Ask what establishes the exception, rather than accepting the label alone.

3

The ten years are counted forward from discovery

The exceptional period is reckoned from discovery of the qualifying falsity, fraud or omission. It sets a period within which the relevant tax assessment or court collection proceeding without assessment may be undertaken.

Take a hypothetical discovery in 2026. The wording does not automatically make 2016 the earliest tax year that can be examined. It directs attention to when the qualifying violation was discovered and whether the action was brought within the applicable period after that discovery.

This is not permission to declare every old return open indefinitely. The BIR still has to establish the ground for using the exception and the relevant discovery date. A later audit does not, by itself, prove that the legal clock has just begun.

WHAT TO WATCH

The claimed discovery date and how it is supported. Keep the year of the transaction, the filing of the return and discovery of an alleged violation distinct.

4

Criminal tax offenses have a separate prescription rule

The ten-year assessment provision should not be used as a blanket statement about how long criminal tax charges can be pursued. Section 281 sets a five-year prescription period for violations of the Tax Code, subject to its rules on when the period begins and when it is interrupted.

In People v. Consebido, decided on April 2, 2025, the Supreme Court clarified how discovery affects prescription when a violation was initially unknown. It also explained that discovery is not automatically the date a complaint is filed, and addressed interruption through proceedings before the prosecution office.

The practical lesson is to identify the proceeding before applying a deadline. Assessment, collection and criminal prosecution cannot all be reduced to the same ten-year explanation.

WHAT TO WATCH

The alleged offense, the relevant dates and the proceedings actually instituted. Be cautious with any headline suggesting criminal tax cases universally have no deadline.

5

The impeachment charge still has to be proven

Article II raises allegations concerning Duterte’s wealth, asset declarations and business interests. The court has sought bank and tax records to examine those allegations. An argument about the BIR’s assessment powers does not settle what those records establish in the impeachment trial.

A return’s age does not answer whether a later SALN correctly listed an asset. Equally, a discrepancy between records needs explanation and testing before it becomes a conclusion about wrongdoing. Ownership, reporting periods, liabilities and the sources of funds all matter when financial figures are compared.

The senator-judges must evaluate the evidence and the parties’ arguments. A witness’s explanation of a tax provision is one part of that process; it does not replace the court’s findings.

WHAT TO WATCH

The specific declarations and transactions being challenged, the expert’s supporting calculations and the defense’s explanations. Follow the connection between each record and the allegation it is being used to support.

BOTTOM LINE

The ten-year rule runs forward from discovery when its legal conditions are met. The BIR needs a proper basis for invoking it, and criminal tax offenses have a separate limitation framework. For this impeachment trial, the useful questions remain concrete: which records are being examined, which allegation they support, and what the evidence actually establishes.

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