Manila:Senate impeachment court Presiding Officer Francis Escudero on Thursday reminded senator-judges and lawyers to exercise restraint in questioning witnesses, stressing that unsatisfactory answers do not automatically constitute contempt.
According to Philippines News Agency, Escudero emphasized, ahead of Vice President Sara Duterte's impeachment trial, that witnesses retain their legal rights despite being under oath to testify truthfully before the court. He stated, "An answer which may be unsatisfactory is not inherently contemptible," citing Supreme Court rulings that caution against excessive use of contempt powers.
Escudero invoked Section 3, Rule 132 of the Rules on Evidence, which protects witnesses from irrelevant, improper, or insulting questions, harsh treatment, and inquiries unrelated to the issues being tried. This provision also shields witnesses from compelled answers that could expose them to criminal penalties or harm their reputation, with exceptions as provided by law.
He acknowledged that repeated responses such as "I do not know" or "I do not recall" could frustrate senator-judges but maintained that such answers should be evaluated based on their evidentiary value. Escudero stressed the importance of questioning that promotes candor rather than fear.
The presiding officer reminded his colleagues that impeachment proceedings differ from legislative inquiries, requiring impartiality, patience, and respect for witnesses regardless of their answers. He admitted that his patience had worn thin during previous proceedings, highlighting that the reminder applied to himself as well.
Escudero's remarks followed earlier exchanges where senator-judges questioned the credibility and conduct of defense witnesses, with some suggesting contempt sanctions due to their testimony. He emphasized the need to distinguish between unsatisfactory answers and conduct that warrants punishment.
Senator-Judge Panfilo Lacson recommended distributing Escudero's reminder in writing, noting the lack of quorum in the impeachment court. Escudero agreed, stating that the reminder would be circulated in writing and included in the official transcript of the proceedings.
