The prosecution has filed a request asking Vice President Sara Duterte to admit her ownership of the bank accounts and the genuineness of bank records submitted by various financial institutions for her impeachment trial based on a subpoena from the Impeachment Court.
House prosecutor and Akabayan Rep. Chel Diokno said the Request for Admission covering 104 items is intended to expedite the proceedings.
Diokno cited the Rules of Court for civil procedure, which states that “a party may serve upon another party a written request for admission of the genuineness of material and relevant documents, or of the truth of material and relevant matters of fact.”
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, either specifically denying the matters requested or setting forth in detail the reasons why they cannot truthfully either admit or deny them.
According to him, Duterte is well positioned to make admissions about the bank records and bank accounts submitted.
“These are matters, Your Honor, which respondent is particularly well positioned to know, or can readily verify,” he said.
He noted that Duterte has the personal knowledge to identify bank accounts belonging to her.
He also said she has the means to verify the accuracy and genuineness of the bank records pertaining to these accounts, either through her own records or directly with the banks that produce them.
“We are not asking the respondent to admit matters that they do not know anything about, or rather that they have no access to. We are asking them simply to admit records that they can readily and easily verify, either through their own records or through confirmation with the banks and other institutions,” he said.
Diokno said an unjustified refusal to admit readily verifiable facts would defeat the purpose of a Request for Admission, which is to narrow the issues and avoid unnecessary proof.
“Of course, we acknowledge that the defense has the duty to zealously represent their client. But under the Code of Professional Responsibility and Accountability, counsels also have a duty to assist in the administration of justice,” he said.
He also said the Request for Admission is different from stipulations, which are the product of an agreement between the parties.
He said the Request for Admission invokes a specific procedure which does not depend on the parties first reaching an agreement.
“And we are invoking that procedure for one reason, and one reason alone, to shorten this trial,” he said.
Presiding Officer Sen. Francis Escudero asked if the rule applies in the impeachment trial since the Supreme Court said it might not apply to criminal proceedings given the right of the accused against self-incrimination.
Diokno replied that the impeachment trial is not a criminal trial, as the outcome will only determine Duterte’s fitness for public office and whether she should be perpetually disqualified.
He also said the Impeachment Court has the inherent power to apply rules that would shorten the trial.
Defense counsel Michael Poa said the defense would file a response and asked for 15 days so that it could consult and coordinate with Duterte.
Poa’s request was granted.