Who nearly got a ‘spanking’? Tense moments on Day 15 of Sara Duterte’s trial
MANILA, Philippines – The atmosphere at the impeachment court had never been as tense as it was — so far — on Wednesday, August 12, 15 days into the trial of Vice President Sara Duterte.
Counsels for the opposing parties — private prosecutor Lorna Kapunan and defense lawyer Kristine Ferrer — butted heads numerous times and apparently prompted Kapunan’s co-prosecutor Amando Virgil Ligutan to post online. The Facebook post did not sit well with lead defense lawyer Sheila Sison, who called out Ligutan before the open court on Wednesday.
Kapunan vs Ferrer
When the court resumed proceedings on Wednesday, Kapunan and Ferrer insisted it should be their document copies that should be used by the defense during its cross examination of the prosecution’s witness, state auditor Xylene del Campo. Kapunan argued that it was their documents that Del Campo identified.
“The counsel cannot dictate how I will proceed with my cross-examination,” Ferrer said.
That was just the prelude to a more heated exchange later in the morning.
Ferrer tried to get a categorical answer from Del Campo on whether the joint circular governing the use of confidential funds requires an apprehension to prove the success of an information-gathering operation.
Kapunan objected to the line of questioning, but Ferrer insisted it was her turn to cross.
“Never mind if you are on cross. There are limits to cross-examination. Misleading questions are not allowed in court. I don’t think I need to lecture her on that,” Kapunan said.
“They are allowed,” Ferrer replied.
For the record, misleading questions are not allowed during rules of court.
‘Spanking’
As tensions flared, presiding officer Chiz Escudero intervened.
“Let’s not allow the generational or seeming generational divide increase the tension in the courtroom. Let’s keep it a notch lower,” Escudero said.
“Your Honor, I am preventing myself from giving her a spanking,” Kapunan replied.
After the lunch break, Ferrer asked the court to remind Kapunan not to make such side comments.
“There is no place for those in the courtroom, we are all lawyers, we are all professionals, let’s respect our fellow lawyers,” Ferrer said.
Ligutan vs Sison
During the defense’s cross-examination, Ligutan posted on Facebook: “A principle all lawyers and law students know by heart: Misleading questions are not allowed even on cross-examination.”
Sison flagged this comment as the day’s trial wrapped up, describing it as troubling.
“I really just find it in bad taste to do this at this time, and it is inappropriate to do that to a fellow member of the Bar,” Sison said.
Sison claimed that the exchange was misrepresented, arguing that Ferrer was defending the use of “yes or no” questions.
After the hearing, Ligutan insisted that he was merely stating a fact from the Rules of Court.
“I can post anytime, 24 hours a day, that is part of my right as a human being, to post something which I believe is in the Rules of Court. No bad faith; no malice. It’s like saying 1 + 1 = 2,” Ligutan added.
Following Sison’s manifestation, Escudero said that he will make a ruling on Monday, August 17, adding that “one side has been crossing the line many, many times,” violating the court’s sub judice rule.
In a Rappler interview, lead prosecutor Jinky Luistro came to Ligutan’s defense, saying her colleague only wanted to enlighten the public.
I want to seek enlightenment from the impeachment court: when does comment constitute violation of the prohibition on commenting on the merits? As public servants, it’s difficult because the people are waiting for an explanation,” she added. – Rappler.com
