Self-incrimination may prove VP’s undoing

University of the Philippines Associate Law dean and constitutional law professor Paolo Tamase said Vice President Sara Duterte may invoke her constitutional right against self-incrimination during the impeachment proceedings, but the right may not automatically exempt her from appearing before the Senate impeachment court.

The right against self-incrimination under Article III, Section 17 of the 1987 Constitution generally protects an individual from being compelled by the state to provide statements that could expose them to criminal liability, Tamase said.

But Tamase said the protection is not unlimited and may have to be invoked based on each question asked, particularly when the person being questioned is not the accused in a criminal case.

“The right against self-incrimination is not broad,” Tamase said in a radio interview. He explained that a witness appearing in a proceeding where they are not the respondent may invoke the right when a specific question could incriminate them.

Tamase said this could be different in a criminal case, where the right is broader because the accused faces possible imprisonment and other criminal penalties.

The issue has emerged as the impeachment prosecution considers whether to call Duterte to testify, particularly on matters involving confidential funds.

He said that if the prosecution intends to call Duterte during the latter part of its presentation, the Senate may have to determine how her constitutional rights apply in an impeachment proceeding.

Tamase noted that impeachment is not a criminal case and that its primary purpose is to determine whether an official should continue holding public office.

“It’s not a criminal case. In fact, what we are discussing here is whether an individual should still remain in office,” Tamase said.

Because impeachment does not directly result in imprisonment or the loss of liberty, he said there could be an argument that the right against self-incrimination should be applied more narrowly in such proceedings.