‘VP Can’t Be Compelled To Admit Bank Accounts’

The Senate impeachment court denied on Tuesday, Sept. 29, the prosecution’s request for admission to compel Vice President Sara Duterte to admit to some pieces of evidence, including the ownership of bank accounts, as it will be equivalent to self-incrimination.

In his ruling read in open court on Day 31 of the trial, presiding officer Francis Escudero denied the prosecution’s request for the Vice President to admit to “104 matters concerning respondent’s personal circumstances and former public offices, her spouse Manases Carpio’s business interests and various Bureau of Internal Revenue and bank records.”

The court agreed with the defense panel’s opposition to the prosecution’s request for “admission by adverse party” under Rule 26 of the Revised Rules of Civil Procedure, with Escudero saying it cannot prevail over Section 17, Article III or the Bill of Rights of the 1987 Constitution, which reads: “No person shall be compelled to be a witness against himself.”

Escudero cited the Bill of Rights, which protects even impeached officials’ “right against self-incrimination.”

He added that if the request is allowed, the respondent’s failure to answer a request for admission “will be ‘deemed as an admission of the fact requested to be admitted.’”

“That Rule 26 requires the answer be under oath exposes the party requested to ‘the additional peril of being held liable for perjury’ and thus, constitutes compulsion that is not allowed under the Constitution,” Escudero said

Escudero said while the court welcomes the prosecution’s bid 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.”

While the court sided with the defense camp’s objections, Escudero said it is denying the Vice President’s move to “expunge” the request for admission, saying it will remain in the court’s records but with “no evidentiary or prejudicial effect” against the respondent.

Escudero also assured the Vice President that “her failure to answer (the Request for Admission) shall not be deemed an admission.”

The court also no longer tackled the Vice President’s camp’s “objection based on marital and filial privileges.”

Sought for comment, the prosecution panel said it does not consider the ruling a setback and would still present its case through witnesses and documents.

“Even if the ruling was adverse to the prosecution, I think we will still continue with the strategy, the plan of the prosecution. This is not a setback,” House prosecutor and San Juan Rep. Ysabel Zamora said.

Trillanes ready to testify

Even without a subpoena, former senator Antonio Trillanes IV said he is ready to take the witness stand before the impeachment court.

In a chance interview as he attended Tuesday’s hearing, Trillanes said the prosecution has tapped him as an alternative witness in case Davao City Mayor Sebastian Duterte will not appear.

Mayor Duterte did appear on Tuesday and took the witness stand as prosecutors drilled down on the alleged ill-gotten wealth of his sister, the Vice President.

Trillanes said it was a coincidence that he and Mayor Duterte were both present before the Senate impeachment court on Tuesday.

“I hope to be presented as a witness after Mayor Baste, that’s all,” Trillanes added.

“The subpoena is issued if you need to be summoned, but I am willing and ready even if they don’t issue a subpoena. I am ready to be presented,” he added.

He was, however, mum on the testimonies of Mayor Duterte.

“Even if I want to answer that, I can’t…,” he said.

Trillanes is expected to reveal before the court details of the alleged sources of the reported P6.7-billion wealth of the Duterte couple.

Investigate own turf

Meanwhile, Sen. Erwin Tulfo advised Mayor Duterte to investigate his inner circle for failing to flag local government contracts awarded to a company linked to his sister, warning that the local chief executive could face legal liability for his staff’s oversight.

Tulfo pointed out that the mayor signs documents based on the approval of his subordinates, leaving him highly vulnerable to irregularities.

However, when asked if he would initiate the probe on his own accord, the mayor deflected to the justice system.

“As long as my sister’s name, the Vice President’s name was not on the contract, then there’s nothing,” he stated.

The exchange stemmed from Mayor Duterte’s admission that he signs between 50 to 300 documents daily, including payrolls, ordinances and contracts, relying entirely on the countersignatures of his city administrator and legal team. – With Bella Cariaso, Neil Jayson Servallos, Daphne Galvez