“At kung ang garantiya ng ating Konstitusyon ay pinagbabawal ang compulsion sa isang respondent o akusado na mag-testify against himself, dapat ding pagbawalan ‘yung pagtatangka na kumuha ng tinatawag na admission, whether this is expressed through a response sa request for admission or implied by the operation of the rule under Rule 26.” ~Defense Counsel Atty. Sheila Sison
Defense Counsel Sheila Sison rejected Prosecutor Chel Diokno’s offer to enter into stipulations over subpoenaed bank records during the impeachment trial.
Diokno earlier proposed withdrawing the prosecution’s request for admission if the defense agreed to authenticate the bank documents.
He argued that the proposal would streamline proceedings and save court time by dispensing with at least 20 bank witnesses.
However, Sison maintained that forcing admissions violates the respondent’s constitutional right against self-incrimination.
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Defense Cites Protection and Right to Silence
Sison argued that impeachment trials are highly penal in character, giving the accused an absolute right to remain silent.
She cited long-standing Supreme Court rulings, including the 1969 Pascual Jr. case, to defend the respondent’s constitutional rights.
“Ang garantiya ng ating Konstitusyon ay pinagbabawal ang compulsion sa isang respondent,” Sison stated during the hearing.
Furthermore, she stressed that defense lawyers need sufficient time to review all incoming bank documents before stipulating.
In response, Diokno clarified that the request merely seeks recognition of documents directly submitted by independent banks.
“Wala pong paglabag sa karapatan ng respondent laban sa self-incrimination,” Diokno asserted during his manifestation.
“Hindi po namin siya pinapaamin sa anumang kasalanan o pananagutan. Ang hinihingi lang po namin ay ang pagkilala sa mga dokumentong isinubmit mismo ng mga bangko pursuant to the subpoenas of this court, sa mga bagay na hindi naman tunay na pinagtatalunan.”
He emphasized that the prosecution is not forcing the respondent to admit any guilt or legal liability.
Consequently, Diokno expressed willingness to submit his proposed terms of stipulation in writing to the court.
Presiding Officer Chiz Escudero directed both panels to submit their official written arguments on the bank records dispute.
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1987 Philippine Constitution
