Defense lead counsel Atty. Sheila Sison defended Vice President Sara Duterte’s continued absence from the impeachment trial, saying the respondent is properly represented by her legal team and should not be compelled to testify for the prosecution.
Sison made the statement in response to the prosecution’s manifestation expressing its intention to have Duterte appear as a witness in the proceedings.
“I think this matter and issue has been settled on Day 1, and until now, it is clear that the respondent is here through her counsel,” Sison said. “If respondent is not interested in this trial, she would not have even sent her lawyers to defend her in this case.”
Sison said the defense would reserve its right to submit a formal written comment should the prosecution file a formal request or seek a subpoena for Duterte.
She also invoked Article III, Section 17 of the 1987 Constitution, which provides protection against being compelled to testify against oneself. Sison described the protection as a fundamental constitutional right and argued that it applies against testimonial compulsion by the prosecution.
“This right is absolute. And this is not only a simple right or a statutory right, this is a fundamental right,” Sison said.
Presiding Officer Sen. Chiz Escudero acknowledged the defense’s position and said the court would await a formal motion from the prosecution before allowing further arguments and eventually ruling on the matter.
Escudero also clarified that the impeachment proceedings are sui generis, or unique in nature, and said the court retains the authority to consider calling additional witnesses on its own, subject to due process and the parties’ right to cross-examine them.
For now, the defense has reserved its formal response pending any official request from the prosecution to compel Duterte’s appearance.
