House prosecutors withdraw request for Sara Duterte to admit bank accounts

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The House prosecution panel on Monday withdrew its request for admission seeking Vice President Sara Duterte’s acknowledgment that she owned the bank accounts whose records were ordered submitted by the banks to the Senate impeachment court.

In a manifestation during the 28th day of the impeachment trial, House prosecutor Chel Diokno of Akbayan party-list instead asked the defense to agree to stipulations, or agreements, on the authenticity of the bank records.

The proposed stipulations include:

• that the bank accounts exist;
• that the bank account records were produced by the banks pursuant to the subpoenas issued by the Senate impeachment court; and
• that the bank records are genuine and authentic copies of records maintained and produced by the subject banks.

In putting forward the stipulations, Diokno argued that the accuracy of the bank documents “is not genuinely in dispute.”

“The request for admission is not being invoked to alter the burden of proof or to compel the respondent to establish the prosecution’s case and will not have that effect. Its purpose is simply to narrow the issues and avoid the needless presentation of witnesses and evidence on matters that are not genuinely disputed,” Diokno said during Day 30 of the impeachment trial.

“To be clear, the respondent has not made any claim that they are fake or fabricated. We will withdraw our request for admission if the respondent will agree to this,” Diokno added.

In response, defense team lead counsel Shiela Sison cited jurisprudence, or existing court decisions, from 1905, 1937 and 1969 that protect a respondent’s right against self-incrimination, in addition to the Constitution.

“The court has consistently said that an admission is actually akin to a testimony, that is why it is called an admission," she said.

"And if the Constitution prohibits compulsion for a respondent or accused to testify for himself or herself, the request for admission should likewise be prohibited here [in the impeachment],” Sison added.

The Senate impeachment court will still rule on the prosecution’s initial request for admission to provide guidance to both parties, according to presiding officer Francis “Chiz” Escudero.— MCG, GMA News