

The prosecution plans to present Vice President Sara Duterte herself as a witness in her impeachment trial to address allegations of misuse and misappropriation of confidential funds, while dropping the remaining 15 witnesses for Article I, House private prosecutor Lorna Kapunan said Tuesday.
Prosecutor Kapunan announced the move on the 23rd day of Duterte’s impeachment trial before the Senate sitting as an impeachment court.
“In lieu of presenting 15 other witnesses, we will be presenting the vice president herself as regards misuse, misappropriation of confidential funds which is Article I of the articles of impeachment,” Kapunan said.
Kapunan said the prosecution was not asking the Senate impeachment court to issue a subpoena for Duterte “at this time.”
She added that the prosecution was reserving the option to present Duterte herself on the other articles of impeachment.
“At the end of all of these Articles, we reserve the right to present the Vice President herself,” Kapunan said.
The prosecution said it had already presented 10 witnesses and stipulated to the testimony of two others, for a total of 12 witnesses out of the 27 originally identified for Article I.
“After a long meeting, the prosecution, both public and private prosecutors, have decided today ... we have decided to forego, Your Honors, not only with the subpoenaed for today but with all the remaining 15 witnesses,” Kapunan said.
Duterte’s lead defense counsel, Sheila Sison, objected to the move, invoking the vice president’s constitutional right against self-incrimination.
“No person shall be compelled to be a witness against himself,” Sison said, citing Article III, Section 17 of the 1987 Constitution.
She said the protection was an absolute and fundamental constitutional right, rather than merely a statutory guarantee.
“This right is absolute and this is not only a simple right or a statutory right. This is a fundamental right. This is a right emanating from the Constitution itself and one that emanates from the guarantees under Article III of our 1987 Constitution,” Sison said.
Kapunan countered that Duterte’s participation in the proceedings would be voluntary if she chose to appear.
“If respondent is not interested in this trial, she would not have even sent her lawyers to defend her in this case,” Kapunan said.
Senate President Francis Escudero, who is presiding over the impeachment court, had yet to rule on the prosecution’s formal motion seeking a subpoena for Duterte and the defense panel’s comment on the matter.
