Ridon: Sara Duterte cannot invoke self-incrimination in impeachment trial

Public prosecutor Rep. Terry Ridon said Vice President Sara Duterte could not invoke her right against self-incrimination if she is called to testify in her own impeachment proceedings, noting that the legal protection applies only to criminal cases.

“It is very important to state in general terms that this is not a criminal case, because the right against self-incrimination, this only applies to criminal proceedings but the impeachment is not a criminal proceedings,” Ridon said during a radio interview Sunday.

“Like we said, this is sui generis, political, constitutional, and legal proceedings and this is not criminal. So there is no place to invoke the right against self-incrimination,” he added.

Ridon’s remarks came after the House prosecution panel formally reserved its right to request a subpoena for Duterte’s testimony after concluding its presentations on all four impeachment articles.

Last Wednesday, 9 September, private prosecutor Atty. Lorna Kapunan stated the team’s intent before the impeachment court, saying the evidence presented so far pointed to the Vice President.

Kapunan likened Duterte to the “queen” of a chessboard, which has the unique ability to move in multiple directions across the board.

“In this game of chess…the most important piece, more important than the king, and I speak this not because of my gender, but the queen is more important than the king because the queen can move in many directions,” Kapunan said in her manifestation.

The veteran litigator stressed that Duterte’s testimony was material to the case, given that she had the ability to prove her innocence in light of the allegations contained in the Articles of Impeachment.

Her sentiments were echoed by Ridon, who said the Vice President would not only be able to prove her innocence but would also have an opportunity to answer questions surrounding her leadership before the impeachment court.

“If the prosecution is allowed to subpoena the Vice President or if the defense is allowed to present the Vice President as their witness, I think it would be crucial to clarify some details in the different Articles of Impeachment,” he said.

No ‘trigger point’

Amid calls for her appearance, newly appointed Vice Presidential spokesperson Atty. Paolo Panelo said Duterte would base her decision to appear at the trial on the recommendation of her counsel.

Panelo said Duterte’s defense lawyers were simply waiting for a “trigger point” that would make their client’s appearance necessary in the proceedings.

“The trigger point means that the prosecution presented evidence that was strong and required for the clarification of the VP Sara, then they might recommend for her testimony,” he said in an online interview on Saturday.

“But for now, from the way I see it, it seems there has been no trigger point,” he clarified.

The only appearance Duterte has made at the Senate since the beginning of her trial was on 7 July, when she held a brief discussion with her lawyers before the start of the second day of proceedings.

Aside from the impeachment case, Duterte is facing a criminal charge over alleged threats against President Ferdinand Marcos Jr., First Lady Liza Marcos and former House Speaker Martin Romualdez before the Quezon City Regional Trial Court.

Her arraignment was scheduled for Friday, 11 September, but was affected by pending motions that required a response from prosecutors at the Department of Justice.