Tensions briefly flared during the 10th day of the impeachment trial of Vice President Sara Duterte on Wednesday, July 29, after Presiding Officer Sen. Francis “Chiz” Escudero stopped House prosecutor and ML Party-list Rep. Leila de Lima from continuing portions of her opening statement, following repeated objections from the defense panel.
De Lima was presenting the prosecution’s overview of Article I of the impeachment complaint, which centers on the alleged misuse of ₱612.5 million in confidential funds received by Vice President Duterte through the Office of the President and the Department of Education (DepEd).
In her opening statement, De Lima argued that the evidence would establish more than simple accounting lapses.
“The evidence will reveal a pattern, a systemic course of conduct that, taken as a whole, demonstrates graft and corruption and betrayal of public trust,” De Lima said.
However, defense counsel Atty. Michael Poa immediately objected, arguing that the prosecution was already making conclusions that should instead be established through evidence and witness testimony.
“They can do that through the offer of their evidence, Your Honor,” Poa told the impeachment court.
Escudero sustained the defense’s concern and reminded De Lima to refrain from making conclusions of fact and law during her opening remarks.
“Chair will instruct the Honorable De Lima to kindly limit her statements. You did make conclusions of law already, which the chair orders to be stricken from the record. Kindly avoid conclusions of fact and law,” Escudero said.
Poa maintained his objection, emphasizing that even if the statements were removed from the official record, they had already been heard by those present in the courtroom.
“Ang naging problema natin ng huling pagkakataon na pinayagan natin yung ganitong statement... kahit naman i-strike off the record natin, e narinig na po at nasabi na. So to allow, Your Honors, again, a continuation of such, this really goes into the matter of fair play,” Poa argued.
Escudero again instructed De Lima to wrap up her remarks and proceed with the presentation of witnesses.
“Kindly wind up, Honorable De Lima... To let the witness speak, not the counsels, insofar as the evidence is concerned or conclusions of both fact and law,” the Senate presiding officer said.
Before ending her statement, De Lima maintained that the prosecution's case would ultimately be decided through documentary evidence, audit findings, and witness testimony rather than political arguments.
“That question will not be answered by politics, by general denials, by press releases. It will be answered by the witnesses, by the documents, by audit, and by the evidence, and the prosecution is ready to present it,” she said.
As De Lima attempted to continue, Poa renewed his objection, prompting Escudero to finally stop her remarks.
“I would have to stop you at this point. The continuing objection of the respondent is duly noted. My due apologies, but kindly call your witness already,” Escudero said.
De Lima complied with the ruling, ending her opening statement and proceeding with the prosecution’s presentation of its first witness for the article concerning the alleged misuse of confidential funds.
