Senator-Judge Alan Peter Cayetano on Wednesday called on his fellow senator-judges to refrain from asking questions that could prejudice the impeachment trial of Vice President Sara Duterte, saying the proceedings must not devolve into a "political fiasco or circus."
At the start of the third day of the impeachment trial, Cayetano took issue with a question posed by Senator-judge Risa Hontiveros on Tuesday, asking the prosecution to explain why a video of Duterte's alleged "kill remark" against President Ferdinand Marcos Jr. constituted an impeachable offense.
Cayetano echoed the earlier position of his sister, Senator-Judge Pia Cayetano, who argued that the prosecution's response resembled a closing argument rather than testimony.
Before witness testimony resumed, Senate Presiding Officer Francis "Chiz" Escudero announced that, in the interest of fairness, the defense would be given the same amount of time to respond after cross-examination.
“The fairest thing to do is to give you an opportunity as well,” Escudero told defense counsel Atty. Carlo Narvasa, noting that the prosecution had spent five minutes and 18 seconds answering the senator's question.
Escudero, however, warned both parties that similar exchanges would no longer be allowed.
“The Presiding Officer will not tolerate such perorations again by either party, even if it is in response to a question of a Senator-Judge. The Presiding Officer will try to remind Senator-Judges to let the witnesses present the evidence of both parties instead of the counsels presenting both facts and law through their statements,” he said.
Cayetano thanked Escudero for what he described as a prudent approach but stressed that senator-judges also have a responsibility to avoid asking questions that could influence public perception of the case.
“Prudence dictates that we stop ourselves from asking certain questions that can prejudice the whole trial, whether or not our intention is to do so,” Cayetano said.
To illustrate his point, Cayetano said it would have been equally improper had he asked the prosecution whether the impeachment case was merely a political vendetta or why Congress was not instead investigating flood control issues.
“That would be unfair to the House. That would be unfair to everyone,” he said.
While accepting Escudero's decision to allow the defense an equal opportunity to respond, Cayetano urged the Senate not to permit similar questions moving forward.
“I accept the solution of the Presiding Officer… let's not tolerate anymore questions like that,” he said.
He also asked that the defense be given sufficient latitude in responding, arguing that simply matching the prosecution's five-minute explanation would not fully address the impact of the earlier exchange.
Cayetano concluded by urging all participants to exercise restraint and ensure the impeachment proceedings remain focused on the evidence.
“Let's give each other leeway, but only to the point that the trial will not disintegrate into a political fiasco or circus,” he said.
