Lead defense counsel Sheila Sison pushed back against prosecutors’ plan to call Vice President Sara Duterte as a witness, setting up a possible constitutional dispute over whether the impeachment court can compel the accused to testify.
The issue surfaced during Day 23 of Duterte’s impeachment trial Tuesday after private prosecutor Lorna Kapunan disclosed that the prosecution intended to seek Duterte’s testimony at the appropriate stage of the proceedings.
Kapunan announced the plan as prosecutors decided to dispense with 15 remaining witnesses for Article I, which covers allegations of misuse, misappropriation and irregular liquidation of confidential funds.
Sison argued that compelling Duterte to take the witness stand could conflict with Article III, Section 17 of the 1987 Constitution, which protects a person from being forced to testify against himself or herself.
She described the protection as a fundamental constitutional right that applies not only to Duterte but to every Filipino facing proceedings where self-incrimination may arise.
No formal subpoena request had been filed at the time, however. Sison said the defense would reserve its full response until prosecutors formally moved to compel Duterte’s appearance.
Sison also maintained that Duterte’s physical absence from the proceedings should not be interpreted as disengagement from the trial. She said the vice president was participating through lawyers authorized to defend her before the impeachment court.
Whether prosecutors can compel Duterte to testify could become a key procedural issue once a formal request is filed, particularly as the prosecution reduces its remaining witnesses and moves toward completing its presentation of evidence.