VP Sara Duterte cannot be compelled to admit bank account ownership — Senate impeachment court

The Senate impeachment court ruled on Tuesday that Vice President Sara Duterte cannot be compelled to admit ownership of bank accounts submitted as evidence in her trial, invoking her constitutional right against self-incrimination.

Presiding Officer Francis "Chiz" Escudero issued the decision despite the House prosecution panel having withdrawn its original request for admission on Monday. The prosecution had instead sought the defense's agreement on stipulations regarding the authenticity of the documents.

"The impeachment court, therefore, rules that respondent cannot be required to serve a written response to the request for admission," Escudero stated.

The initial request comprised 104 items concerning Duterte's personal background, previous public offices, her husband’s business interests, and various financial records. While Duterte’s defense team objected to the filing and urged the court to expunge it, Escudero ruled that while the request need not be answered—and no implied admission would result from silence—it would remain on the record without any evidentiary or prejudicial weight.

At the core of the ruling was the boundary between civil procedural rules and fundamental constitutional rights. The court held that Rule 26 of the Rules of Civil Procedure—which allows parties to request admissions on facts or documents—cannot override Section 17, Article III of the Constitution, which guarantees that no person shall be compelled to be a witness against themselves.

Escudero emphasized that requiring sworn responses under Rule 26 exposes a respondent to perjury liability, creating a form of legal compulsion. He also rejected arguments that these protections do not apply to impeachment because it is not strictly a criminal trial.

"While the impeachment court welcomes the prosecution’s desire to narrow the issues for trial... any such measure to expedite the proceedings must always yield to the protection of the substantial rights of the respondent under the Constitution," Escudero noted, stressing that discovery procedures cannot substitute for competent evidence. "The prosecution cannot shift its burden of proof to the respondent through the simple expedience of a request for admission."

The trial continues under the second article of impeachment, which centers on allegations of unexplained wealth, non-divestment from business interests, and failure to fully disclose assets and liabilities in Duterte's Statement of Assets, Liabilities, and Net Worth (SALN).

-Paraluman News