Metro Manila, Philippines — The Senate Impeachment Court on Tuesday, Sept. 29, rejected the House prosecution’s bid to require Vice President Sara Duterte to admit or deny matters involving subpoenaed bank records.
The court sustained Duterte’s objection to the prosecution’s 104 requests for admission, which covered the authenticity of bank records and ownership of accounts identified in the documents.
Presiding Officer Chiz Escudero said Duterte could not be compelled to answer the requests in a manner that could undermine her constitutional right against self-incrimination.
The court ruled that her failure to respond could not be treated as an admission. It also said the prosecution could not use the procedure to shift its burden of proving the impeachment allegations to Duterte.
The requests, along with Duterte’s objection and the court’s ruling, will remain in the record. The court said these would have no evidentiary, factual or prejudicial effect against her.
The prosecution said the ruling would not derail its strategy and maintained that it can still present the subpoenaed bank records as evidence in its Article II case, or the charge of unexplained wealth, false statement of assets, liabilities, and net worth, and failure to divest business interests.
Prosecutors are now preparing financial records submitted by about 10 banks in compliance with the subpoenas. The request for admission was intended to narrow disputes over the records and avoid calling additional witnesses solely to establish their authenticity and account ownership.
The ruling came after prosecutors withdrew their original request for admission and instead proposed that the defense agree on the existence and authenticity of the bank records.
Trillanes testimony deferred
The court also held off on the prosecution’s planned presentation of former senator Sonny Trillanes on the unexplained wealth allegations.
The move drew questions because the prosecution has yet to present its bank and Anti-Money Laundering Council evidence.
Escudero said the court would not issue a subpoena for Trillanes at this stage but could not prevent the prosecution from calling him voluntarily.
He advised prosecutors to first present the AMLC officer and bank officials or records because Trillanes’ testimony would relate to that evidence.
Trillanes had been expected to testify on Wednesday, Sept. 30. The court later canceled Wednesday’s proceedings as a “strategic procedural pause.” The trial will resume on Thursday, Oct. 1.
