Escudero tells Senate impeachment court: Don’t ask questions to witnesses that ‘elicit fear’

The Senate, sitting as an impeachment court, on Monday, July 20, 2026. Joseph B. Vidal, Senate Social Media UnitMANILA (UPDATE) — Presiding officer Francis Escudero on Thursday reminded senator-judges and parties to the impeachment trial of Vice President Sara Duterte to avoid asking questions to witnesses that “elicit fear,” stressing that they remained entitled to rights despite “unsatisfactory” responses.

Escudero issued the reminder after some senator-judges and prosecutor Lorna Kapunan expressed frustration over some answers of the witnesses presented by the defense team before the Senate impeachment court.

The court is currently hearing the defense’s counterarguments in relation to the unexplained wealth charge against Duterte. 

Escudero said that while the court “may rigorously examine witnesses and test the credibility of their testimonies,” members of the court “must refrain from resorting to a manner of questioning, or to making declarations, that elicit fear rather than candor.”

“[I]t is the right of a witness… to be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor,” he said.

“Unsatisfactory” answers from witnesses are not inherently contemptible, said Escudero, who noted that Supreme Court cases had cautioned courts to use the power of contempt with the “highest restraint.”

The presiding officer stressed that while every witness takes an oath to truthfully answer all questions, they remained entitled to the rights enumerated under Rule 1323 Section 3 of the Rules on Evidence, which he said has suppletory application to the proceedings. 

“The chair wishes to remind the members of this court as well, including the presiding officer himself, who stated that his patience was wearing thin the other day, that we are sitting as senator-judges in a trial,” he said.

“Our rules behoove us to receive and evaluate the evidence with impartiality, and due to the open, lengthy examination by both parties, with utmost patience, as well.”

Escudero told participants in the court “to exercise restraint expected of us.”

“Unlike in inquiries in aid of legislation, an answer of, ‘I do not know’ or ‘I do not recall’, may be extremely frustrating. It’s one that we may encounter numerous times in a proceeding such as this,” he said. 

“We owe it to the parties, to the witnesses, and to the institution we represent, to conduct the proceedings still with fairness, dignity, and respect, in spite and despite our frustration and/or disappointment with what the witness may or may not be saying.”

Duterte’s camp lauded Escudero’s reminder for the Senate impeachment court, saying this would be helpful for all parties in the trial.

“I think it’s a good thing sa lahat, hindi lang sa defense, ‘yung reminders na ‘yung rights ng witnesses,” defense spokesperson Michael Poa said in a press conference.

“Ako kasi nag-witness din ako, so alam ko ‘yung stress, ‘yung kaba, kung nandoon ka sa witness stand, so we really appreciate the reminders that were issued by the presiding officer this morning,” he said.

Lawyer Paolo Panelo, the vice president’s spokesperson, meanwhile said it was “right” for the presiding officer to issue reminders about the “behavior and deportment of some senator-judges.”

“Sa totoo lang, in a regular court, the way that some senator judges ask questions and humiliate witnesses… that would be grounds for inhibition for showing partiality or for showing hostility for a witness or another party,” Panelo said. 

“The reminder is different from the implementation so sana po makinig ‘yung mga senator judges natin at sundin nila ‘yung payo ng ating Senate presiding officer.”

Panelo’s statement comes a day after he criticized Sen. Raffy Tulfo for allegedly “belittling” several witnesses who supposedly did not give satisfactory answers.