Chiz Escudero to issue ruling, warning on making comments about impeachment trial after counsels ‘crossed the line’ repeatedly
Presiding Officer Chiz Escudero said he will issue a ruling regarding making comments on the merits of the ongoing impeachment trial of Vice President Sara Duterte, saying one side has been "crossing the line many times."
During her manifestation near the adjournment of the Aug. 12 trial, lead defense counsel Atty. Sheila Sison brought up a certain social media post by private prosecutor Atty. Amando Virgil Ligutan.
“A principle all lawyers and law students know by heart: Misleading questions are not allowed even in cross-examinations,” Ligutan’s Facebook post at 11:29 a.m. on Monday read.
Sison expressed her dismay at the prosecutor's post, saying that it specifically violates Rule 18 of the impeachment rules.
"I find it troubling that a private prosecutor would do this in the middle of a courtroom hearing. Because as far as I’m concerned, impeachment court is also a court of decorum, and the rules on impeachment under Rule 18 actually prohibit participants, especially lawyers, from commenting about the merits of the case," she said.
"One may argue that this isn’t about the merits of the case; he probably was just commenting about what ought or ought not to do in a cross-examination, but we’re not naive about what the private prosecutor is talking about," Sison added.
Sison continued that she found the post in "bad taste," especially since, as fellow members of the bar and officers of the court, they are expected to treat others with respect and politeness.
She also explained that one of the defense counsels, Atty. Kristine Ferrer, was not referring to misleading questions being allowed, contrary to what she said Ligutan was implying in his post. Rather, Ferrer was referring to leading questions, which are allowed during cross-examination.
"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 said.
Lead House prosecutor Gerville Luistro requested Ligutan be recognized to explain his side, but Escudero declined, as the Senate was scheduled to hold a plenary session at 4 p.m. Ligutan will instead be given time to be heard on Monday with the permission of both sides.
The presiding officer said he had asked the clerk of court to monitor the counsels’ public statements over the past week, noting that one side had been "crossing the line many, many times."
He added that he’s already in the process of drafting a ruling, a warning and an order pertaining to the matter.
"Because clearly, I can even name all of you who have been commenting on social media in violation of Rule 18 of the impeachment rules, but I will do that on Monday, perhaps after taking the manifestation of the counsel for respondent," Escudero said.
"It’s not really so much being cordial or nice or kind, but it is a basic violation of Rule 18," he added.
He also reminded both parties to consider appointing spokespersons who are not part of the panel of prosecutors or the private prosecution. The prosecution's spokespersons include Jay Tolasa Jr., who's part of the prosecution team, Rep. Zia Alonto Adiong, Rep. Renee Co, and Rep. Robert Ace Barbers.
The defense's spokespersons are also part of the team defending Duterte: Atty. Michael Poa and Atty. Justin Nicol Gular.
"Be advised that we have it all on tape. We have been monitoring everything; we may not enumerate it one by one, but we will make the corresponding ruling on Monday," he added.
'Walang bad faith'
In his interview with the media, Ligutan said that his post was not done in bad faith, adding that he simply stated the law and did not add a value or interpretation about it.
"What I posted was, it was a statement of what the law says, e. So whatever reaction ng depensa e sa kanila na 'yun," he said. "I just don't think na just because nagpaparticipate tayo sa trial, walang prohibition kung ano man in stating without adding anything to what the law or the rules say."
"That was just a posting of what the rules are saying. Nothing more, nothing less, walang interpretation. Kung may tinamaan man po, sorry," he added.
"Walang bad faith, walang malice," Ligutan said.
Rule 18 of the procedure on impeachment trials states: "At all times while the Senate is sitting upon the trial of an impeachment, the doors of the Senate shall be open to the public. Silence shall be observed by the visitors at all times, on pain of eviction from the trial venue."
"The Presiding Officer and the Members of the Senate shall refrain from making any comments and disclosures in public pertaining to the merits of a pending impeachment trial. The same shall likewise apply to the prosecutors, to the person impeached, and to their respective counsel and witnesses."
