Presiding Officer Senator Francis “Chiz” Escudero ruled on Tuesday that Vice President Sara Duterte could not be compelled to answer the House prosecution’s request for admission during the 31st day of her impeachment trial.
The ruling was issued before the Senate impeachment court went into recess, resolving the dispute over the prosecution’s request concerning documents, including bank records that it intended to present as evidence.
Escudero said the prosecution could not use the discovery process as a substitute for presenting competent evidence to establish the allegations against Duterte.
“The court deems it necessary to state that discovery cannot be used as a substitute for presenting competent evidence,” Escudero said.
He stressed that procedural due process required the prosecution to establish its charges through competent evidence while giving Duterte a fair opportunity to contest the evidence presented against her.
“The prosecution cannot shift its burden of proof to respondent through the simple expedience of a request for admission,” Escudero added.
The presiding officer further ruled that Duterte could not be compelled to submit a written response to the request, particularly if failure to respond could result in the matters being deemed admitted.
“To compel the respondent to answer the request under pain of having the matters deemed admitted would undermine these safeguards,” Escudero said.
“The impeachment court therefore rules that respondent cannot be required to serve a written response to the request for admission,” he added.
The prosecution had earlier argued that the request was intended to narrow the issues and avoid the presentation of additional witnesses on matters that were not genuinely disputed. Prosecutor Chel Diokno said the request sought admissions on the existence, genuineness and authenticity of bank records already submitted to the impeachment court.
Duterte’s defense, however, opposed the request and invoked her constitutional protection against self-incrimination. Lead defense counsel Sheila Sison argued that requiring the Vice President to make admissions could amount to compelled testimony.
Escudero also rejected the argument that the safeguards did not apply because an impeachment proceeding was not a criminal prosecution.
“The prosecution’s position that impeachment is not a criminal prosecution does not displace these safeguards,” he said.
The ruling provided guidance on the use of requests for admission as the impeachment court continued hearing the prosecution’s evidence against Duterte.
