Senate impeachment court presiding officer Senator Francis “Chiz” Escudero on Thursday, November 12, urged his fellow senator-judges to exercise restraint, avoid threatening witnesses, and refrain from making insulting remarks during proceedings.
The warning came at the start of the 43rd day of the trial, following instances where some senator-judges sharply rebuked witnesses who gave evasive answers or repeatedly claimed they could not recall details.
“The Chair wishes to emphasize that an answer which may be unsatisfactory is not inherently contemptible. Supreme Court cases have cautioned courts to use the power of contempt with the highest restraint,” Escudero said.
“The Chair wishes to remind the members of this court as well, including the Presiding Officer hiimself, who stated that his patience was wearing thin the other day. That we are sitting as senator-judges in a trial. Our rules behoove us to receive and evaluate the evidence with impartiality and due to the often-lengthy examination by both parties, with utmost patience as well,” he added.
Prior to his reminder, Escudero outlined the rights and obligations of witnesses under Rule 1323, Section 3 of the Rules on Evidence, emphasizing protections against harsh treatment, improper questions, and unnecessary detention.
He noted that unlike legislative inquiries, trial proceedings frequently involve frustrating responses such as “I don’t know” or “I do not recall.”
“The Chair, therefore, respectfully requests our distinguished colleagues, the counsels for the parties, including this representation, to exercise restraint expected of us. Unlike in inquiries in aid of legislation, an answer of ‘I don’t know’ or ‘I do not recall’ may be extremely frustrating, is one that we may encounter numerous times in a proceeding such as this,” Escudero explained.
“What we can control, however, is how we appreciate and weigh the testimonies and statements delivered before this court,” he stressed.
“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,” he concluded.