The Senate impeachment court has the authority to compel witnesses to attend proceedings in the impeachment trial of Vice President Sara Duterte and may cite them in contempt if they refuse to comply, according to House prosecution spokesperson Atty. Benjamin “Jay” Tolosa Jr.
Tolosa said the court’s power to issue subpoenas necessarily includes the power to enforce them.
“So yes, the impeachment court has the power to compel people to attend them and to cite them in contempt if they continue to refuse to heed such directive,” Tolosa said.
The clarification was issued after questions were raised on how the court could respond if potential hostile witnesses failed to appear during trial proceedings.
Tolosa said the decision to enforce attendance ultimately rests with the impeachment court, which may exercise its compulsory processes to ensure compliance.
He added that even in cases where certain witnesses are not presented, the prosecution remains prepared to proceed using other available evidence.
“But in that case, even if they will not be presented, we will still have other evidence to prove the articles of impeachment,” he said.
Lanao del Sur Rep. Zia Alonto Adiong, also a prosecution spokesperson, said the House prosecution team has already considered possible scenarios, including witness non-appearance, as part of its trial preparations.
He said the prosecution is ready to respond to developments as they arise during the actual proceedings.
“So let’s see kung anong mangyayari sa actual trial na ‘yan. But definitely the House Prosecution Team… is ready sa ating mga ebidensya,” Adiong said.
Tolosa stressed that subpoenas are intended precisely to ensure that witnesses appear before the court when required.
Adiong, meanwhile, said the process is not about forcing attendance in a coercive sense but about ensuring proper court procedure is followed.
“Hindi naman kaladkarin ‘yung kinakailangan na makapunta sila ‘dun sa korte. I think that’s the very purpose of a subpoena,” he said.
The prosecution said contingency planning remains in place as it prepares for the formal start of the impeachment trial.