Lead defense counsel Atty. Sheila Sison on Wednesday called out House prosecution counsel Atty. Benjamin “Jay” Tolosa Jr. over his remark referring to an “abogadong walang alam” before the testimony of hostile witness Atty. Michael Poa on the 21st day of Vice President Sara Duterte’s impeachment trial.

The remark was made by Tolosa while offering Poa’s testimony concerning the alleged use and liquidation of ₱112.5 million in confidential funds of the Department of Education (DepEd).

Sison said one of a witness’ rights is to be protected from irrelevant, improper and insulting questions, as well as from harsh or insulting treatment.

Tolosa apologized to Poa and clarified that his remark was not intended as a personal insult.

He said the phrase was meant to refer to Poa’s repeated statements before Congress that he had no knowledge of the use and liquidation of the DepEd’s confidential funds.

“Context is very important,” Tolosa said, adding that he was sorry if his statement offended Poa.

Tolosa also defended the prosecution’s practice of making offers of testimony, saying witnesses may testify about facts but cannot provide conclusions of fact or law. He argued that testimonial and documentary evidence are offered precisely to establish facts or support legal arguments.

Sison, however, rejected Tolosa’s explanation for the remark.

She said the prosecution counsel could have used more appropriate language, such as saying that Poa had “no personal knowledge,” if that was what he intended to convey.

Sison also maintained that the prosecution’s offers of testimony should be limited to facts or evidence that the testimony is intended to prove, rather than conclusions or speculation.

Presiding Officer Sen. Francis “Chiz” Escudero later ordered the phrase stricken from the record, ruling that it was discourteous and should not be used against a fellow lawyer.

“The Chair finds it discourteous, to say the least, and should not be used in relation to a fellow lawyer, especially,” Escudero said.