Witnesses appearing before the Senate impeachment court do not automatically enjoy immunity from suit, but compliance with a lawful court subpoena may provide them a defense should their testimony later expose them to criminal liability, court spokesperson Regie Tongol said Monday.
Tongol drew the distinction as questions persisted over the disclosure of confidential financial records in the impeachment trial of Vice President Sara Duterte.
“Wala naman pong overarching na immunity yung mga witness (There is no overarching immunity for witnesses),” Tongol said in a press briefing.
He explained that the impeachment court operates differently from the Senate exercising its ordinary legislative functions, where parliamentary protections may apply under specific circumstances.
Even witnesses appearing in congressional inquiries, he noted, may still face cases such as perjury when warranted.
But Tongol said a witness compelled to testify through a subpoena issued by the impeachment court stands on a different footing from someone who voluntarily discloses protected information.
He said this was behind preliminary questions from the presiding officer to a witness who had raised concerns over confidentiality before giving testimony.
“Para po as a matter of defense kung sakaling makasuhan… meron po siyang maitatawag namin sa mga abogado na justifying circumstance (So that as a matter of defense, if a case is filed, the witness may invoke what lawyers call a justifying circumstance),” Tongol said.
He explained that the witness could argue that the disclosure was made in obedience to a lawful order of the impeachment court.
“Ito po yung circumstance na mag-justify na hindi ka makakasuhan or hindi ka magiging liable (This is the justifying circumstance to exempt you from charges) for any criminal liability because you are following a lawful order from a court, which is a subpoena issued by the impeachment court,” he said.
The issue surfaced as Duterte’s defense continued questioning the disclosure of confidential financial information and maintained objections first raised when the court issued subpoenas for the records.
Tongol said the defense remains free to preserve that objection and raise it during cross-examination, but the impeachment court has already ruled on the production and presentation of the subpoenaed material.
He also noted that senator-judges did not take lightly suggestions that witnesses, members of the court or others involved in the proceedings could face complaints for handling the records.
The dispute has placed the court between two concerns: protecting confidentiality mandated by law and ensuring compliance with subpoenas issued in the exercise of its impeachment powers.
Tongol stressed, however, that a subpoena should not be confused with an automatic grant of immunity, as any legal consequence would still depend on the circumstances surrounding the testimony and the applicable law. (PNA)