Impeachment trial heats up as Duterte counsel calls out prosecutor over social media post

MANILA — Vice President Sara Duterte's defense team took a stand for courtroom decorum on Wednesday, with lead counsel Sheila Sison publicly calling out a private prosecutor for a social media post made during the trial. The move came after a heated exchange between defense lawyer Kristine Ferrer and prosecutor Lorna Kapunan went viral, raising questions about the conduct of legal officers inside the Senate impeachment court.

Sison began her manifestation near the end of the 15th day of the trial by pointing to a post from private prosecutor Amando Virgil Ligutan. The post read: “A principle all lawyers and law students know by heart: Misleading questions are not allowed even on cross-examination.” While Ligutan did not name anyone, Sison noted he made the post just 30 minutes after the Ferrer-Kapunan clash.

“I find it troubling that a private prosecutor would do this in the middle of a courtroom hearing,” Sison said. “The impeachment court is also a court of decorum, and the rules under Rule 18 actually prohibit participants, especially lawyers, from commenting about the merits of the case.”

Sison argued that while Ligutan could claim his post was a general legal reminder, the defense was “not naive” about what he meant. “I really just find it in bad taste to do this at this time. It's inappropriate to do that to a fellow member of the bar,” she added. “Even if we sit on opposite sides of this hall, we remain both members of the bar and officers of the court. We owe each other respect, politeness, and even kindness.”

What really happened during the Ferrer-Kapunan exchange?

Sison clarified that Ferrer was not arguing about misleading questions, but about leading questions. Citing a transcript, she explained that Kapunan first said “not all questions can be answered by yes or no,” then later added that “misleading questions are not allowed on cross.” Ferrer, Sison said, was simply insisting that leading questions — which can be answered with a yes or no — are allowed during cross-examination.

“She's not referring to misleading questions,” Sison said. “Atty. Ferrer was only saying that leading questions are allowed on cross examinations, not misleading questions.”

Senate issues warning on subjudice rule

Lead House prosecutor Gerville Luistro tried to let Ligutan respond, but presiding officer Senator Francis “Chiz” Escudero denied the request. Escudero instead issued a warning to all counsel about violating the subjudice rule, or Rule 18 of the Senate impeachment court rules. Ligutan can respond at the next trial date on Monday, August 17.

Sison made clear the defense would not tolerate such actions. “We will not have this,” she said.

The exchange between Ferrer and Kapunan, which lasted about a minute around 11:04 a.m., has been widely shared online. Below is the transcript:

Atty. Kapunan: Let the witness answer your honor. Mr presiding officer, can the counsel be instructed not to stop the witness at mid-sentence, your honor?

Atty. Ferrer: Your honor please, can the witness be directed to just answer with yes or no. The counsel has her time to ask clarificatory questions later during redirect.

Atty. Kapunan: Your Honor, not all questions can be answered by yes or no.

Atty. Ferrer: I'm on cross, Your Honor, please.

Atty. Kapunan: Never mind if you're on cross; there are limits to cross-examination. Misleading questions are not allowed in cross.

Atty. Ferrer: They are allowed.

The trial resumes on Monday, with both sides expected to address the issue of social media conduct inside the chamber.