Defense lead counsel Atty. Sheila Sison criticized a social media post made by House private prosecutor Atty. Amando Virgil Ligutan during the 15th day of Vice President Sara Duterte’s impeachment trial on Wednesday, August 12, calling it “in bad taste” and inappropriate while court proceedings were ongoing.
Sison's manifestation stemmed from a post made by Ligutan at 11:29 a.m., which read: “A principle all lawyers and law students know by heart: misleading questions are not allowed even on cross-examination.”
According to Sison, the post appeared to refer to an earlier exchange between House private prosecutor Atty. Lorna Kapunan and defense counsel Atty. Kristine Ferrer regarding cross-examination.
“I find it troubling that the 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,” Sison told the impeachment court.
She argued that while the post may not have directly commented on the merits of the case, it was clearly directed at Ferrer.
“But we're not naive. What the private prosecutor is talking about. He's here. He can explain it,” Sison said.
Sison maintained that the post was inappropriate given that both parties are members of the legal profession.
“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 because even as we sit on the opposing side of this hall, we remain to be both members of the bar. And as officers of the court, we owe each other respect, politeness or even kindness,” she said.
She also clarified that Ferrer had not claimed that misleading questions were permissible during cross-examination.
According to Sison, the dispute arose when Ferrer asked that a witness answer with a simple "yes" or "no," prompting Kapunan to object and state that misleading questions are not allowed on cross-examination.
Sison said Ferrer's subsequent remark that “they are allowed” referred to leading questions, which are generally permitted during cross-examination, and not to misleading questions.
“In effect, Attorney Ferrer was only saying that leading questions are allowed on cross-examination, not misleading questions,” Sison explained.
She criticized Ligutan for immediately taking the matter to social media, saying it wrongly implied that Ferrer had made an incorrect legal assertion.
“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,” Sison said.
Following Sison’s manifestation, House prosecutor Rep. Gerville Luistro requested that Ligutan be recognized to explain his post.
However, Presiding Officer Sen. Chiz Escudero declined the request.
“Unfortunately, counsel, no, the presiding officer will not allow that at this time,” Escudero said.
Addressing the issue, Escudero disclosed that he is already drafting a ruling, warning, and order concerning possible violations of Rule 18 of the impeachment rules, which prohibits the Presiding Officer, senator-judges, prosecutors, and counsels from making public comments or disclosures regarding the merits of the case.
He noted that concerns over Rule 18 violations have not been limited to one side.
“One side has been crossing the line many, many times,” Escudero said.
The Senate President said his ruling will be announced during the next week of the impeachment trial.
