Claire Castro calls out senator-judges acting as Sara Duterte's lawyers in impeachment trial

Palace Press Officer Undersecretary Atty. Claire Castro on Thursday called on senator-judges in the impeachment trial of Vice President Sara Duterte to remain impartial and not act as if they are lawyers for the defense team.

Castro did not name any specific senator-judge, but hinted at those who supposedly alter the interpretation of the law and processes and do not allow the witness to finish his or her answer during the trial.

"Marami po kasing lumalabas sa impeachment, ayon sa PCO (Presidential Communications Office), na nag-aaktong mga lawyer na hindi dapat dahil dapat maging impartial, manatiling walang bias ang mga senator-judges. Hindi po [nila] mandato na walisin ang katotohanan, so 'wag silang magdala ng walis sa Senado," she said.

(According to the PCO, many senator-judges are acting like lawyers during the impeachment trial—which they shouldn't be doing because they are expected to remain impartial and not biased. It is not their mandate to sweep the truth. So, they shouldn't bring a broom in the Senate.)

Castro, a lawyer herself, also said a senator-judge should only be asking clarificatory questions about certain matters, and not cross-examine the witness.

"Hindi po sila dapat nakikipag-debate sa witness kasi ang mandato nila, kunin ang katotohanan para sa taumbayan, hindi para walisin ang batas, walisin ang dapat na malaman ng tao para lang pagtakpan ang kalokohan diumano ng iba," she added.

(They shouldn't be debating with the witness because their mandate is to get the truth for the people, not to sweep away the law, sweep away what people should know just to cover up the alleged misconduct of others.)

Asked which was the most biased statement she has heard from senator-judges throughout the trial, Castro said, "Na ang dapat managot lamang ay ang SDO (Special Disbursing Officer). Nakalimutan na may Head of Agency."

(That only the SDO should be held accountable. They forgot that there is a Head of Agency.)

During the trial on Wednesday, senator-judge Imee Marcos asked prosecution witness Roderick Wamil, a former state auditor of the Commission on Audit-Intelligence and Confidential Funds Audit Office (COA-ICFAO), if only the Special Disbursing Officer should be held liable in case there is an anomaly in the use of confidential funds.

However, Wamil stressed that it is not only the SDO who must be accountable because it is the responsibility of the Head of the Agency to approve cash advances and oversee the utilization of such.

Ethics complaint

Castro likewise reminded lawyers that they should not be promoting fake news.

She made the remark after several women's rights advocates, academics, and feminists filed an ethics complaint against Senator Pia Cayetano over a social media post that featured a spliced video of Akbayan party-list Representative Chel Diokno in the impeachment trial.

Castro was asked if Cayetano's action would qualify as a violation of the Palace's anti-fake news campaign.

"Depende kasi ito sa motibo. Ang motibo ba ay para ibahin ang naratibo? Ang motibo ba na ito ay para ibaba ang dignidad ng ibang tao na nasa video? So depende po ito sa mga motibo ng gumawa ng spliced video," she answered.

(It depends on the motive. Is the motive to alter the narrative? Is the motive to demean the dignity of the person in the video? So, it depends on the motives of the person who created the spliced video.)

"Pero bilang lawyer, obligasyon ng mga lawyers na hindi magpakita ng fake news or mag-promote ng fake news," she added.

(But as a lawyer, I will say that it is a lawyer's obligation not to present or promote fake news.)

— VDV, GMA News