The Senate impeachment court is preparing a ruling on public statements made by lawyers involved in the trial of Vice President Sara Duterte after Presiding Officer Francis “Chiz” Escudero said one side had repeatedly crossed the line on social media.
Escudero made the statement Wednesday, August 12, after Duterte’s lead defense counsel, Sheila Sison, raised a social media post by private prosecutor Amando Virgil Ligutan during the hearing.
Sison said Ligutan posted that misleading questions were not allowed even during cross-examination. The post appeared while defense lawyer Kristine Ferrer was questioning Commission on Audit state auditor Xylene Mae del Campo about the Office of the Vice President’s use of confidential funds.
“A principle all lawyers and law students know by heart: Misleading questions are not allowed even in cross-examination,” Ligutan wrote in the post, according to Sison.
Sison said the post appeared to refer to an earlier argument between Ferrer and private prosecutor Lorna Kapunan.
During the exchange, Ferrer asked Del Campo to answer a question with a “yes” or “no.” Kapunan objected and said not every question could be answered that way.
“There are limits to cross-examination. Misleading questions are not allowed on cross,” Kapunan said.
Ferrer answered, “They are allowed.”
Sison explained that Ferrer was referring to leading questions, which may be asked during cross-examination. She said Ferrer was not claiming that misleading questions were allowed.
Sison accused Ligutan of using the exchange to imply that Ferrer did not understand a basic rule of evidence.
“I really just find it in bad taste to do this at this time. And I think it is inappropriate to do that to a fellow member of the bar,” Sison told the court.
She said lawyers on opposing sides should continue to treat each other with respect despite disagreements during the trial.
“And yet, we have a private prosecutor immediately taking to social media and posting this, implying something against the defense counsel. We will not have this,” she added.
Escudero did not allow Ligutan to respond immediately. Instead, he said the court would consider Sison’s complaint and allow Ligutan to explain before it issues a ruling.
Escudero also disclosed that the clerk of court had been monitoring public statements made by lawyers involved in the trial.
“One side has been crossing the line many, many times,” Escudero said.
He said the court was already preparing a ruling, warning and order concerning possible violations of Rule 18 of the impeachment rules.
“I can even name all of you who have been commenting on social media in violation of Rule 18 of the impeachment rules,” he said.
Rule 18 prohibits the presiding officer, senator-judges, prosecutors, the respondent, lawyers, and witnesses from publicly commenting on the merits of a pending impeachment case.
Escudero said he had reminded both sides two weeks earlier that they could appoint spokespersons who were not members of the prosecution or defense panels.
However, the parties continued to allow lawyers directly involved in the trial to speak publicly.
“We have been monitoring everything. We may not enumerate it one by one, but we will make the corresponding ruling on Monday,” Escudero said.
The court has not yet ruled that Ligutan or any other lawyer violated Rule 18. Escudero said Ligutan would be heard before the court makes its decision on Monday, August 17.
The exchange happened on the 15th day of Duterte’s impeachment trial. Del Campo was testifying about COA findings on the OVP’s confidential-fund spending in 2022 and 2023.
The prosecution maintains that the OVP failed to provide enough documents to support some of its confidential-fund expenses. The defense argues that access to confidential-fund records is limited and that COA’s notices of disallowance are not yet final.
The prosecution is expected to present four witnesses when the trial resumes. They are House Legislative Information Bureau Director Marivic Pareja, former OVP special disbursing officer Gina Acosta, former Department of Education special disbursing officer Edward Fajarda and OVP Assistant Chief of Staff Lemuel Ortonio.
They are expected to testify in that order. The court said Ortonio’s subpoena would cover August 18 and 19 because the first three witnesses would likely take up the August 17 hearing.
