(Screen grab from Senate livestream)
MANILA – Senate impeachment court Presiding Officer Francis Escudero on Thursday, November 12, cautioned senator-judges and lawyers against intimidating witnesses, emphasizing that unsatisfactory or evasive answers do not automatically warrant contempt sanctions.
Before the resumption of Vice President Sara Duterte’s impeachment trial, Escudero reminded court members that witnesses retain their legal rights and must be treated with fairness and respect throughout the proceedings.
“An answer which may be unsatisfactory is not inherently contemptible,” Escudero said, citing Supreme Court rulings warning against the excessive use of contempt powers.
He also invoked Section 3, Rule 132 of the Rules on Evidence, which protects witnesses from improper, irrelevant or insulting questions, harsh treatment and inquiries unrelated to the case.
Escudero acknowledged that repeated responses such as “I do not know” or “I do not recall” could frustrate senator-judges and prosecutors but stressed that such answers should be evaluated based on their evidentiary value rather than immediately treated as contemptuous conduct.
“We must refrain from resorting to a manner of questioning or to making declarations that elicit fear rather than candor,” he said.
The presiding officer emphasized that impeachment proceedings differ from legislative investigations, requiring senator-judges to maintain impartiality, patience and respect for witnesses regardless of their testimony.
Escudero also admitted that his own patience had been tested during previous hearings, saying the reminder applied equally to himself.
His warning followed tense exchanges during earlier proceedings, when several defense witnesses repeatedly claimed they could not remember or lacked personal knowledge of matters raised during questioning.
Some senator-judges had questioned the witnesses’ credibility and conduct, with discussions emerging over possible contempt sanctions.
Escudero stressed that the impeachment court must distinguish between testimony that fails to satisfy the questioner and behavior that legally constitutes contempt.
Senator-Judge Panfilo Lacson subsequently proposed circulating Escudero’s reminder in writing to ensure all senator-judges receive the guidance, particularly as the court had yet to establish a quorum.
“I may respectfully suggest that we send in writing the memo or whatever you call it that you just read. So, everybody will be notified,” Lacson said.
Escudero agreed, saying the reminder would be distributed to court members and incorporated into the official transcript of the impeachment proceedings.
