LIST: Legal terms used during VP Sara Duterte impeachment trial

As the impeachment trial of Vice President Sara Duterte’s continues, here are some of the legal terminologies that might have been used by both sides.

Prima facie

According to the Cornell Law School, prime facie stands for “at first sight” or “on the face of it.” It is used in court to indicate that there is sufficient or adequate evidence to support a claim.

Obiter dictum

The Cornell Law School states that obiter dictum is a comment, suggestion, or observation made by a judge in an opinion that is not necessary to resolve the case and, as such, is not legally binding on other courts.

Prosecutor Chel Diokno called this “side comments or incidental remarks made in the opinion of the court.”

Ratio decidendi

Meanwhile, ratio decidendi is the key factual point in a case that drives the final judgment. The Cornell Law School said that ratio decidendi is the basis for a court decision and creates binding precedent.

Subpoena ad testificandum

According to the Supreme Court, a subpoena ad testificandum is used to compel a person to testify.

Subpoena duces tecum

Meanwhile, a subpoena duces tecum is used to compel individuals to produce books, records, things or documents.

The Supreme Court said that before a subpoena duces tecum may be issued, it must first be satisfied that the documents requested appear prima facie relevant to the issue subject of the controversy and that such books must be reasonably described by the parties to be readily identified.

Duterte is accused of betraying public trust by allegedly resorting to violence, threatening to kill President Ferdinand Marcos Jr., and amassing unexplained wealth.

Earlier, the Senate impeachment court granted the House prosecution panel’s request to issue a subpoena for the bank and Anti-Money Laundering Council (AMLC) records of Vice President Sara Duterte and her husband, Manases Carpio. — BAP, GMA News