MANILA – The House prosecution on Tuesday asked Vice President Sara Z. Duterte to authenticate subpoenaed bank records and confirm her ownership of accounts identified in the documents as it prepares to present evidence on her alleged unexplained wealth starting Sept. 14.

House prosecutor Akbayan Party-list Rep. Chel Diokno said the prosecution had served Duterte’s defense team with 104 requests for admission under Rule 26 of the Rules of Court before Tuesday’s proceedings. A copy of the requests was also furnished to the Senate impeachment court.

The requests cover bank records submitted pursuant to subpoenas issued by the impeachment court, including accounts that may be held by Duterte individually or jointly with other persons.

“Hinihiling po namin sa respondent na kumpirmahin, una, kung genuine o tunay ang mga bank records na isinumite ng mga bangko alinsunod sa subpoena duces tecum na inisyu ng impeachment court; at ikalawa, kung ang mga bank accounts na tinutukoy sa mga records na iyon ay pag-aari ni Vice President Sara Zimmerman Duterte, individually or jointly with others,” Diokno said.

He said Duterte has personal knowledge of the ownership of the accounts and could verify the authenticity of the records through her own documents or directly with the banks.

“We are not asking the respondent to admit matters that they do not know anything about, or rather that they have no access to,” he said.

Diokno stressed that the requests did not seek to compel Duterte to admit anything untrue or abandon her defense.

“Kung totoo, aminin; kung hindi totoo, tuwirang tanggihan; kung hindi naman kayang aminin o itanggi nang tapat, sabihin sa ilalim ng panunumpa kung bakit,” he said.

According to Diokno, resolving facts that are not genuinely disputed could significantly narrow the issues before the impeachment court and reduce the time needed for testimony.

He said the prosecution could dispense with at least 15 witnesses if Duterte makes the requested admissions.

“Pero kung walang tunay na dispute, hindi na po natin kailangang gumugol pa ng ilang linggo at magharap ng humigit-kumulang 15 testigo para patunayan ang hindi naman talaga pinagtatalunan,” he said.

The prosecution initially proposed giving the defense seven days to respond. Defense counsel Michael Wesley Poa, however, requested the 15-day period provided under Rule 26, Section 2, saying the defense needed sufficient time to study the requests and consult with Duterte.

Presiding Officer Sen. Francis “Chiz” Escudero granted the defense 15 nonextendible days from Tuesday to submit its sworn response.

“The Chair gives the respondent 15 days from today to file their comment on the 104 requests for admission under Rule 26,” Escudero ruled.

Escudero cautioned the defense on the implications of issuing a general denial, saying the court would consider any unreasonable refusal to admit matters that can be readily verified.

He also raised the Supreme Court’s ruling in People v. Ang, which held that requests for admission under Rule 26 of the Rules of Civil Procedure do not apply to criminal proceedings.

Diokno maintained that an impeachment proceeding is not a criminal trial because its consequences are limited to removal from office and possible disqualification from holding public office, rather than imprisonment or a fine.

“This Honorable Impeachment Court has the inherent power to apply rules that will shorten and facilitate the trial of this case,” Diokno said.

Escudero said the court would determine whether Rule 26 applies to impeachment proceedings, which are considered sui generis, or proceedings that belong to a class of their own.

He assured the defense that Duterte’s constitutional right against self-incrimination would be protected.

Escudero likewise clarified that the 15-day period for the defense to respond would not halt the impeachment trial.

“So, the trial will proceed. It will not be delayed,” he said.

For Article II, the prosecution is preparing more than 1,800 bank, tax and other financial documents obtained through subpoenas.

The impeachment court has set Wednesday and Thursday for both sides to mark their exhibits before proceedings resume Monday, when the prosecution is expected to present its first witness on the unexplained wealth allegations.