Presiding Officer Sen. Francis Escudero ruled that the Impeachment Court cannot require Vice President Sara Duterte to serve a written response to the prosecution’s request for admission covering her and her husband’s business interests, and bank and tax records
In denying the prosecution’s request, Escudero said Duterte’s right against self incrimination must be protected.
Escudero also said that while the court welcomes the prosecution’s desire to expedite proceedings, this must not come at the expense of the respondent’s constitutional rights.
He also said discovery cannot be used as a substitute for presenting competent evidence.
“Procedural due process requires the prosecution to establish the charges through competent evidence, and that respondent be awarded a fair and meaningful opportunity to contest such evidence. The prosecution cannot shift its burden of proof to respondent through the simple expedience of a request for admission,” he said.
He also noted that the request exposes Duterte to the additional peril of being held liable for perjury, which is not allowed under the Constitution.
House prosecutor and Akabayan Rep. Chel Diokno earlier said the request for admission covering 104 items was intended to expedite the proceedings and that Duterte is well positioned to make admissions about the bank records and bank accounts submitted.
Diokno cited the Rules of Court for civil procedure that allow a party to serve on the other party a written request for admission of the genuineness of material and relevant documents.
He also said that under the rules, matters covered by a request for admission shall be deemed admitted unless the respondent serves a sworn response within the allotted time period.
But Escudero said that the prosecution’s contention that impeachment is not a criminal prosecution does not displace the safeguards in place to protect the respondent’s rights.
He also cited jurisprudence stating that impeachment is analogous to a criminal trial, although it is not a criminal prosecution, and that the Bill of Rights also applies throughout the impeachment process.
“Respondent need not answer the request for admission and her failure to answer shall not be deemed an admission,” he said.
But he denied the defense’s bid to expunge the request from the record.
He reminded the senator-judges that the request shall have no evidentiary, factual, or prejudicial effect against the respondent.
Duterte’s bank records have been subpoenaed in her impeachment trial in relation to unexplained wealth allegations.