Manila: The Senate impeachment court may hold oral arguments before deciding whether Vice President Sara Duterte can be compelled to testify in her own impeachment trial should House prosecutors formally seek a subpoena, court spokesperson Reginald Tongol said Tuesday.
According to Philippines News Agency, in a press briefing, Tongol stated that the prosecution maintains that Duterte may be subpoenaed, while her defense argues that compelling the respondent to take the witness stand would violate her constitutional right against self-incrimination. Attorney Michael Poa, representing Duterte, emphasized that her right against self-incrimination is absolute and that an accused or respondent in an impeachment court cannot be compelled to testify.
Tongol explained that these conflicting legal positions would need resolution if prosecutors formally request the court to issue a subpoena. He indicated that if the House Prosecution Panel moves forward with such a request, the court may allow time for the defense to respond, potentially leading to oral arguments.
The court could adopt a process similar to earlier disputes over subpoenas duces tecum for records from banks, the Anti-Money Laundering Council, and the Bureau of Internal Revenue, where written arguments were submitted before both sides faced senator-judges in oral arguments. Tongol noted that the question of Duterte testifying carries significant constitutional implications because it involves a protection under the Bill of Rights.
He added that the prosecution has not yet formally sought a subpoena compelling Duterte to take the witness stand. Duterte may choose to testify voluntarily, which would eliminate the need for the court to resolve whether she can be compelled to appear. Tongol cited the impeachment trial of late Chief Justice Renato Corona, who voluntarily appeared during his proceedings.
If Duterte decides to testify, she would have to submit to cross-examination by the opposing side. Tongol warned that testimony could be stricken from the record if a witness prevents the opposing party from exercising the right to cross-examination.
When asked whether contempt could become an issue if the court issues a subpoena and Duterte refuses to comply, Tongol mentioned that such a scenario remains possible but emphasized that the court would address the legal consequences only if the situation arises. The impeachment trial is set to resume on September 14, with the House prosecution panel beginning its presentation of evidence on Article II involving allegations of unexplained wealth.
