THE House prosecution on Monday offered to enter into stipulations with Vice President Sara Z. Duterte’s defense over subpoenaed bank records to speed up her impeachment trial and dispense with as many as 20 witnesses in presenting evidence on her alleged unexplained wealth.
The prosecution made the offer as an alternative after Duterte’s lawyers sought the wholesale rejection of its request for admission, which was intended to narrow the issues in dispute and avoid lengthy testimony on matters prosecutors said could be readily established.
House prosecutor Akbayan Party-list Rep. Chel Diokno said prosecutors are prepared to withdraw the contested request if Duterte’s camp agrees to stipulate to only three matters.
These are that the bank records exist; that they were produced by the identified banks pursuant to subpoenas issued by the Senate impeachment court; and that they are genuine and authentic copies of records maintained and produced by those banks.
“Ganoon lang po kasimple, Your Honors. We will withdraw our request for admission if the respondent will agree to this,” Diokno told the Senate impeachment court.
Diokno stressed that the proposed stipulations would not require Duterte to admit wrongdoing or accept the prosecution’s interpretation of the records.
“The proposed stipulations would not require the respondent to admit liability, the truth or accuracy of every entry, or the prosecution’s interpretation of any transaction,” Diokno said.
“The respondent would remain free to contest the relevance, meaning, evidentiary weight and legal effect of the records,” he added.
Diokno said an agreement could substantially shorten the prosecution’s presentation under Article II of the Articles of Impeachment on Duterte’s alleged unexplained wealth.
“Kung makapagkasunduan po tayo with the defense, we would be able to dispense with about at least 10 to 20 witnesses who would be testifying on the same things anyway,” he said.
Duterte’s defense has argued that Rule 26 of the Rules of Court does not apply to impeachment proceedings.
It also maintained that requiring the Vice President to answer the request would violate her right against self-incrimination and improperly shift the burden of proof.
Diokno said those objections do not justify rejecting the prosecution’s entire request.
“Your Honors, with due respect, none of the grounds raised by the respondent justifies the wholesale rejection of the prosecution’s request for admission,” he said.
Diokno also pointed to the defense’s own objection, which said stipulations remained available if prosecutors genuinely intended to shorten the proceedings.
“The respondent herself expressly declared that stipulations remain available. The prosecution is prepared to take the respondent at her word,” Diokno said.
“Therefore, we invite the respondent to engage in stipulations on these matters so that we can proceed with the actual litigation that must be done in this case,” he added.
Diokno emphasized that the financial records came directly from the banks in compliance with subpoenas issued by the impeachment court.
The documents did not pass through the prosecution, he said.
Diokno also noted that Duterte’s defense has not alleged that the records are fake.
“To be clear, the respondent has not made any claim that they are fake or fabricated,” he said.
“That is why we are saying that the authenticity of the bank documents is not genuinely disputed,” he added.
Diokno rejected the defense’s self-incrimination argument, saying prosecutors are not asking Duterte to confess to wrongdoing or create evidence against herself.
“Hindi po namin siya pinaamin sa anumang kasalanan o pananagutan,” he said.
“Ang hinihingi lang po namin ay ang pagkilala sa mga dokumentong sinubmit mismo ng mga bangko pursuant to the subpoena of this court sa mga bagay na hindi naman tunay na pinagtatalunan.”
Duterte’s lead counsel, Shiela Sison, said the defense could not immediately agree to the proposed stipulations.
She said additional bank records were still being marked and the defense needed time to examine the documents.
Sison also maintained that Rule 26 implicates Duterte’s right against self-incrimination because an unanswered request could result in an implied admission.
Presiding Officer Sen. Francis “Chiz” Escudero directed Diokno to put the proposed stipulations in writing so the defense could formally respond.
Escudero said the court would still resolve the underlying dispute even if the parties eventually reach an agreement.
“The court will issue the ruling within the week, if not tomorrow,” Escudero said.
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