Witnesses who recant or alter statements previously given under oath during Vice President Sara Duterte’s impeachment trial risk destroying their credibility and facing criminal charges, according to the House prosecution panel.
Atty. Benjamin “Jay” Tolosa Jr., spokesperson for the House prosecution team, highlighted the warning as prosecutors prepare for the anticipated testimony of former Office of the Vice President (OVP) special disbursing officer Gina Acosta and former Department of Education (DepEd) special disbursing officer Edward Fajarda.
“Kapag isang testigo, lalo na dito under oath na binigyan niya isang statement and then after a while tinawag na naman siya as a witness, bibigyan na naman siya under oath, ask about the same things, tapos different answer na yung bibigyan niya,” Tolosa said.
Acosta and Fajarda previously testified under oath during a House inquiry into confidential funds, detailing how funds in their custody were transferred to security officers. Their forthcoming testimony before the Senate impeachment court will be weighed against those prior sworn statements, as well as evidence presented by the Commission on Audit (COA).
Tolosa explained that the legal framework strictly addresses conflicting testimony.
“Well, first, under the rules, ang sumasaklaw dyan yung rule ng prior inconsistent statement,” Tolosa said. “So, yung credibility niya tatamaan dyan.”
Beyond damaging a witness’s believability, backtracking on previous statements carries severe legal risks.
“Second, syempre, since under oath pareho yan, pwede siyang managot sa perjury or, for example, false testimony,” Tolosa warned.
Despite the warning, the prosecution panel noted it will withhold final conclusions on witness reliability until Acosta, Fajarda, and other summoned individuals take the stand.