DAVAO City Mayor Sebastian “Baste” Duterte cannot refuse to testify in his sister, Vice President Sara Z. Duterte’s impeachment trial merely because of their sibling relationship, according to House prosecution legal spokesperson and private prosecutor Benjamin “Jay” Tolosa Jr.
“Well, in general, hindi ho puwede kasi wala naman pong ganung testimonial privilege,” Tolosa explained in a radio interview over dzMM Wednesday when asked whether Mayor Duterte could decline to answer questions because doing so might prejudice his sister.
Philippine rules on evidence recognize testimonial protections involving spouses as well as parents, children and other direct ascendants or descendants, but do not provide a general sibling privilege allowing a brother or sister to refuse testimony solely because of their relationship.
Mayor Duterte has been subpoenaed to appear before the Senate impeachment court as prosecutors examine transactions between the Davao City government and Gencorp Industries Inc., which the Vice President declared as a business interest in her SALNs.
“Tulad ho ng kahit sinong mamamayan na served ng subpoena, dahil compulsory process ng court ’yan, kailangan hong tumalima,” Tolosa stressed.
The mayor’s office received the impeachment court’s subpoena directing him to appear on Sept. 28, 29 and 30 and produce records involving Gencorp and other transactions covered by the order.
Tolosa clarified that Duterte would still be entitled to raise legally recognized objections to particular questions, but simply being the respondent’s brother would not by itself excuse him from taking the witness stand.
“Kung hindi ho siya susunod, of course kailangan niyang magbigay ng sufficient justification sa korte kung bakit, at kapag hindi siya sumunod at hindi katanggap-tanggap ang rason para sa impeachment court, then meron hong remedy ang court para ma-enforce itong order niya na ’to,” Tolosa explained.
“Puwede siyang ma-cite in contempt and puwedeng i-compel ’yung attendance,” he added.
The impeachment court will ultimately determine whether any objection or privilege invoked by Duterte during his testimony is legally sufficient.
Prosecutors want the mayor to explain what he knows about GenCorp’s dealings with the Davao City government and the records surrounding those transactions.
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