Davao City Mayor Sebastian “Baste” Duterte cannot simply invoke his right against self-incrimination as a blanket reason to avoid questions if he is called to testify in the impeachment trial of Vice President Sara Duterte, the House prosecution panel said.
Counsel for the public prosecutors Benjamin Tolosa Jr. said Vice President Duterte is the respondent in the impeachment case, while Mayor Duterte would appear only as a witness.
Tolosa said witnesses generally cannot invoke the right against self-incrimination as a blanket reason to refuse testimony. The privilege must be justified based on a particular question.
He said the right is not a “magic word” that can be used to avoid answering questions.
However, Tolosa clarified that Mayor Duterte may invoke the right if a specific question could potentially expose him to criminal liability.
The impeachment court would ultimately determine whether the invocation is valid in response to a particular question.
The prosecution plans to question Mayor Duterte about GenCorp Industries Inc., one of the companies that Vice President Duterte reportedly declared as a financial interest in her Statement of Assets, Liabilities and Net Worth.
The issue is whether specific questions involving the company could trigger the mayor’s constitutional protection against self-incrimination.
