Senate impeachment court Presiding Officer Francis Escudero on Thursday reminded senator-judges and lawyers to exercise restraint in questioning witnesses, stressing that unsatisfactory answers do not automatically constitute contempt.

Before the continuation of Vice President Sara Duterte’s impeachment trial, Escudero emphasized that witnesses retain their legal rights despite being under oath to testify truthfully before the court.

“An answer which may be unsatisfactory is not inherently contemptible,” Escudero said, citing Supreme Court rulings cautioning courts against the excessive use of contempt powers.

He invoked Section 3, Rule 132 of the Rules on Evidence, which protects witnesses from irrelevant, improper, or insulting questions, harsh treatment, and inquiries unrelated to the issues being tried.

The provision also protects witnesses against compelled answers that could expose them to criminal penalties or unnecessarily damage their reputation, subject to exceptions provided by law.

Escudero acknowledged that repeated responses, such as “I do not know” or “I do not recall,” could frustrate senator-judges but maintained that such answers should be assessed based on their evidentiary value.

“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 also reminded his colleagues that impeachment proceedings differ from legislative inquiries, requiring impartiality, patience, and respect for witnesses regardless of the answers they provide.

He acknowledged that his own patience had been wearing thin during previous proceedings, emphasizing that the reminder also applied to him.

Escudero’s remarks followed earlier exchanges in which senator-judges questioned the credibility and conduct of defense witnesses, with some raising the possibility of contempt sanctions over their testimony.

He noted that the court must distinguish between answers that fail to satisfy the questioner and conduct that warrants punishment.

Senator-Judge Panfilo Lacson subsequently recommended distributing Escudero’s reminder in writing, noting that the impeachment court has 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 circulated in writing and included in the official transcript of the proceedings. (PNA)