The Senate Impeachment Court on Tuesday sustained Vice President Sara Z. Duterte’s objection against being forced to acknowledge subpoenaed bank and tax records, ruling that civil procedural rules on requests for admission cannot override constitutional protections against self-incrimination.
Presiding Officer Sen. Francis “Chiz” Escudero declared that Rule 26 of the Revised Rules of Civil Procedure—which governs requests for admission—does not apply to the impeachment trial. Escudero cited the “highly penal character” of impeachment proceedings, explaining that applying the rule would improperly shift the burden of proof away from the prosecution while violating constitutional rights.
He underscored that administrative or civil rules cannot supersede Section 17, Article III of the 1987 Constitution, which explicitly guarantees that no person shall be compelled to be a witness against themselves.
“Accordingly, Respondent’s (VP Sara’s) objection to the application of Rule 26 is sustained. Respondent need not answer the Request for Admission and her failure to answer shall not be deemed an admission,” Escudero ruled.
While sustaining the Vice President’s main objection, the court denied her defense team’s prayer to expunge the prosecution’s request entirely. Escudero clarified that while the request, objection, and ruling will stay on the record, the filing will hold no legal weight or evidentiary consequence against the respondent.
“However, the prayer to expunge the Request is denied. The Request, the Objection, and this ruling shall remain in the record as part of the proceedings, but the Request for Admission shall have no evidentiary or prejudicial effect against Respondent…In view of the foregoing, the Impeachment Court finds no need to address the Respondent’s objection based on marital and filial privileges,” Escudero added.
The ruling follows a September 8 motion where House prosecutors filed a Request for Admission covering 104 items. The filing sought to verify the Vice President’s personal background, former public offices, business holdings belonging to her husband Atty. Manases Carpio, and various Bureau of Internal Revenue (BIR) and financial institution records.
Duterte’s defense counsel countered with a formal objection on September 23, petitioning the court to expunge the filing on the grounds that Rule 26 is inapplicable to impeachment proceedings. On September 28, prosecutors indicated in open court that they were willing to withdraw the formal request and instead pursue voluntary stipulations.
Escudero noted that while the court encourages ways to streamline trial proceedings, stipulations require mutual consent and cannot be ordered by the bench. He emphasized that any effort to expedite the trial must ultimately yield to the constitutional rights guaranteed to the respondent.