The impeachment court on Tuesday ordered stricken from the record the words “scam” and “lying” used by House prosecution counsel Mae Divinagracia during her questioning of Office of the Vice President (OVP) assistant chief-of-staff Lemuel Ortonio.
Divinagracia used the terms while questioning Ortonio about the varying explanations given by the OVP regarding the use of Vice President Sara Duterte’s confidential funds.
“You will also agree with me na kapag paiba-iba ang rason maaaring nagsisinungaling lang or talaga namang ito ay isa lamang scam, your honor,” Divinagracia said.
Defense counsel Kristine Ferrer immediately objected and asked that the statement be stricken from the record.
Presiding Officer Sen. Francis “Chiz” Escudero sustained the objection and instructed Divinagracia to reformulate her question using more appropriate language.
“You and I both know, Attorney Mae, I have to sustain whatever basis for the objection,” Escudero said.
Earlier, Ortonio acknowledged that the OVP had provided different justifications or explanations for the same confidential fund expenditures.
Divinagracia pointed out that the OVP had given four explanations for the use of the funds.
Escudero allowed the prosecution to ask about the varying explanations but cautioned against drawing conclusions through inappropriate wording.
The incident was the third time the defense claimed that the prosecution had used the word “scam” during the impeachment proceedings. Similar remarks were previously made by prosecution counsels Atty. Armando Ligutan and Atty. Lorna Kapunan while questioning witnesses.
Ferrer later asked Escudero to remind the prosecution to avoid terms such as “scam,” “mastermind,” “architect,” and “lying,” saying these were inappropriate for a solemn judicial proceeding.
Divinagracia again drew an objection when she asked Ortonio whether Vice President Duterte was the “architect and mastermind” behind the confidential funds and related activities of the OVP.
Escudero again ordered the statement stricken from the record.
The presiding officer instead asked Ortonio whether Duterte knew about, supervised, approved, and authorized the process involving the confidential funds, from the request to the Department of Budget and Management (DBM) to their disbursement, liquidation, and the OVP’s responses to audit observations.
“Yes, the Vice President knows about the confidential activities and how it is being implemented,” Ortonio replied.
Ferrer later reiterated her concern, saying the prosecution should refrain from using words that could be considered insinuations or emotionally charged characterizations.
Senator-Judge Alan Peter Cayetano also weighed in, noting that even if a statement is withdrawn or stricken from the record, the public may have already heard it.
“We know that that's for the cameras, not just for the court,” Cayetano said.
He stressed that both the prosecution and defense, as well as the senator-judges, should be circumspect in using words with negative or emotional connotations because the impeachment trial is being closely followed by the public.
Cayetano also noted that the proceedings are not solely about persuading the 24 senator-judges, as both sides are also addressing the public.
The impeachment trial of Duterte resumed Tuesday for its 18th day, with the House prosecution panel continuing its presentation of evidence concerning the alleged misuse of confidential funds.
