Prosecution urges court to apply public engagement rules to all parties

Any guidelines to be established by the Senate impeachment court regarding public engagement by the defense and prosecution should cover all past incidents, not just the defense's recent complaint, the House prosecution panel stated during a press conference on Friday.

The prosecution argued that before the defense complaint, the integrity of the court had already been called into question by earlier incidents—specifically a statement made by Vice President Sara Duterte and a spliced video uploaded online.

“I think if it’s something that the Senate impeachment court would really want to undertake—ito pong providing guidelines for how the court, the parties should engage the public—dapat all of these particular details should be incorporated in the guidelines itself,” House prosecutor Representative Terry Ridon said.

“Kasi hindi naman ho uubra na 'yun pong reklamo lang ng depensa 'yun pong magiging batayan dito po sa guidelines na ito,” Ridon added.

(It would be inappropriate to base these guidelines exclusively on the defense’s grievance.)

During Wednesday’s proceedings, Duterte’s defense team criticized a social media post by private prosecutor Armando Ligutan, which addressed the use of misleading questions while the impeachment trial was ongoing.

Ligutan’s Facebook post read: “A principle all lawyers and law students know by heart: Misleading questions are not allowed even on cross-examination.”

The post followed a courtroom exchange between private prosecutor Lorna Kapunan and defense attorney Kristine Ferrer, where the latter appeared to claim that misleading questions were permissible during cross-examination.

Ridon argued that the defense’s complaint has no basis.

“Going back to the transcript itself, sobrang linaw naman ho nung napanood natin, wala hong batayan para magreklamo ‘yung depensa kasi nung sinabi ho yung ‘it is allowed,’ ki-nut pa nga niya si Atty. Kapunan e, hindi ho ba? So paano po ’yon magiging batayan?” Ridon said.

(Looking back at the transcript, what we watched was clear. There is no basis for the defense to complain because when Atty. Ferrer said 'it is allowed,' she was actually cutting Atty. Kapunan, wasn't she? So how can that be a valid basis for a complaint?)

“… To sum it up, kailangan lang po makita lahat ng Senate impeachment court yun pong mga instances na tingin din po namin meron paglagpas dito po sa bagay na ito,” he added.

(... To sum it up, the Senate impeachment court needs to review all incidents where we believe boundaries were crossed.)

The prosecution panel clarified that it will fully comply with the ruling or guidelines the presiding officer will issue on Monday when trial proceedings resume.

Prior ‘violations’

House prosecutor Congressman Ziaur-Rahman "Zia" Alonto Adiong pointed out that prior to Ligutan’s flagged post, there were notable instances of violations already.

“Prior to that… ay mukhang nagpapakita din ng hindi pagsunod doon sa mga sub judice rule. Unang-una, ang bise presidente sabi niya may bending of the rule,” Adiong said.

(Prior to that, there were already apparent violations of the sub judice rule. First of all, the Vice President herself claimed there was a 'bending of the rules.)

“Ito ay sa aming palagay direktibang reference sa integrity at insulto sa integrity ng korte ng impeachment court pero wala po tayong naririnig na kung paano po, at least, ma-admonish ang defense panel para pagsabihan ang respondent na 'wag niyang insultuhin,” he added.

(In our view, this was a direct reference to—and an insult against—the integrity of the impeachment court. Yet, we haven't heard any measures taken, at least to admonish the defense panel or advise the respondent not to insult the court.)

House prosecution spokesperson Representative Renee Co echoed these concerns earlier, emphasizing that the court should reprimand her.

The prosecution also pointed to an edited video uploaded online. In July, an ethics complaint was filed against Senator-judge Pia Cayetano regarding a social media post that allegedly featured a spliced video of Akbayan Party-list Representative Chel Diokno during the trial.

Ridon said the prosecution may raise the prior instances in an oral argument, open court, or in a written manifestation.

“It is something that we may raise, whether during oral arguments, in open court, or as a written manifestation. Kasi again, totoo naman po, mas mabigat yung questioning the integrity of the court that has been stated by the Vice President,” Ridon said.

(This is something we may raise during oral arguments, in open court, or through a written manifestation. Because, again, questioning the integrity of the court—as the Vice President did—is a far more serious matter.)

“At siyempre doon po sa mga senator-judges, totoo naman po may napinsala po talagang House prosecutor, when spliced video of him speaking was released,” he added.

(And as for the senator-judges, a House prosecutor was genuinely harmed when a spliced video of him speaking was released.)

On Wednesday, presiding officer Senator Francis “Chiz” Escudero announced that he is already drafting a ruling, warning, and order regarding patterns observed by the clerk of court where social media posts by lawyers representing “one side have crossed the line many, many times.”

In response, Adiong requested that Escudero specify the alleged violations or social media posts in question when he released the expected guidelines on Monday, August 17.

Regarding the forthcoming guidelines, the prosecution panel expressed hope that the court would uphold the fundamental importance of public information rather than overly restricting the parties involved.

“I think when the Senate impeachment court lays out particular guidelines on public information objective they must recognize this: That the further we restrict official communication by the parties and the court, a vacuum will be created, and that is when malign actors might be able to fill it,” Ridon explained.

He added that an information vacuum could fuel the spread of disinformation, misinformation, and fake news, directly undermining the primary purpose of the impeachment proceedings—to keep the public well-informed and aware.

GMA News has reached out to Escudero for his statement.—LDF, GMA News