Metro Manila, Philippines – A private prosecutor called out by Vice President Sara Duterte’s lawyer for posting about principles of cross examination pushed back on the issue raised by the defense at the impeachment trial, saying the message was not personal as it was a lecture for law students and the public watching the litigation.
On Aug. 12, Amando Ligutan posted on social media that misleading questions are not allowed even on cross examination, shortly after defense lawyer Kristine Ferrer was quoted as saying such questions are allowed during her exchange with prosecution counsel Lorna Kapunan.
Sheila Sison, lead defense lawyer, called out Ligutan in open court on the same day, claiming her colleague was taken out of context.
In his response to the court on Wednesday, Aug. 26, Ligutan stood by his remark, saying it was his instinct as a law professor.
“To the defense, the post is not about you. It is not personal. It is about the law that we all adhere to. It is about what we teach the public who are watching our trial. Correcting a mistake is never wrong. Doing it while a hearing is ongoing, online, does not make it not right,” he said.
“We in the prosecution panel also have rights. I, for one, did not surrender my freedom to teach and to enlighten, when I decided to participate in this trial. Patuloy po akong magiging guro kahit sa loob ng impeachment court na ito,” Ligutan added.
[Translation: I will continue to be a teacher in this Impeachment Court.]
Responding to Ligutan, Presiding Officer Chiz Escudero said he has to “unbundle” his duties as a teacher as a prosecution counsel.
“Under the rules of the Senate, if you are counsel for parties, you cannot comment on the merits outside of a fair and true report of what happened,” Escudero said.
Ligutan had maintained that his post neither discussed the merits nor mentioned names.
READ: Senator-judges must be impartial; punishments, fines for Rule 18 violators — Escudero
‘Defense cannot lecture me on humility’
In his reply, the prosecution counsel also slammed the defense for not admitting Ferrer’s mistake.
“What is more troubling, your honors, is for the defense not to admit their mistake, and instead call out a lawyer who just stated what is correct in his own time, in his own Facebook account,” Ligutan said.
“If there is somebody who needs to be reminded about humility, it is them, the defense,” he added.
Ahead of the cross examination of Duterte’s staff, Lemuel Ortonio, on Wednesday, Aug. 26 – two weeks after the remark – Ferrer clarified that she was pertaining to “leading questions” as previously mentioned by Kapunan.
Transcripts showed that Kapunan mentioned the word leading, but immediately corrected herself and said “misleading are not allowed on cross” – which prompted Ferrer’s answer.
