Congress should respect rights of witnesses – group

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MANILA, Philippines — A group of trial lawyers called for heightened awareness among witnesses or resource persons participating in inquiries conducted by the Senate and the House of Representatives.

In a statement issued over the weekend, the Quezon City Trial Lawyers League Inc. (QCTL), through its president Victor Rodriguez, warned that legislators must not misuse their “power of inquiry,” emphasizing that any abuse of this power could result in legal challenges.

The QCTL outlined critical aspects of legislative inquiries, highlighting that witnesses and resource persons have rights that must be respected.

One of the most frequently overlooked limitations of legislative investigation is the necessity to uphold the rights of those testifying, including the rights against self-incrimination and the right to privacy—though the latter is not absolute.

QCTL emphasized that witnesses are required to take an oath to testify truthfully based on their personal knowledge.

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It said that witnesses cannot engage in speculation or provide opinions unless they are qualified as expert witnesses.

This requirement safeguards the integrity of the testimony and ensures that inquiries are based on factual evidence, it added.

The QCTL reminded legislators that inquiries must be conducted “in aid of legislation.” This means that the primary purpose of the investigation should be to inform potential legislation, rather than serving political agendas or personal interests.

Inquiries, it added, must adhere to published Rules of Procedure to ensure transparency and fairness.

The QCTL urged the public to closely monitor these proceedings and scrutinize the actions of lawmakers to ensure compliance with these rules.

It added that a resource person’s detention for contempt should only last until the legislative inquiry concludes.

Inquiries could be terminated either upon the approval or disapproval of the committee report, which typically occurs 15 days after the conclusion of the inquiry, or upon the expiration of Congress.

By promoting public scrutiny, the group hopes to foster an environment where the rights of witnesses are upheld and legislative powers are exercised responsibly.

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