‘Case sinks or swims with evidence’: Kapunan says prosecution did not fear Zuleika Lopez testimony

Metro Manila, Philippines –  House prosecution spokesperson Lorna Kapunan denied suggestions that prosecutors backed down by removing Office of the Vice President chief of staff Zuleika Lopez from their witness list.

In a briefing on Tuesday, July 14, Kapunan said the decision was based on the strength of the evidence already presented before the Senate impeachment court.

“I think a case sinks or swims with the evidence. There can be over-presentation of evidence,” Kapunan said.

She said the prosecution originally planned to present Lopez to prove three points.

These were that Lopez was present during the November 23, 2024 press conference of Vice President Sara Duterte, that Duterte made the statements in her presence and before the media, and that the prosecution’s video evidence was authentic.

Kapunan said those matters had already been established during the trial.

“After more than four days of direct examination, cross-examination, and the probing and clarificatory questions from the senator-judges, any testimony from Attorney Lopez and Captain Bello became unnecessary, surplus and redundant,” she said.

Kapunan said the defense itself presented video showing Lopez inside the detention facility.

“That was no longer necessary because the defense itself presented the video of her in the detention center,” she added.

Kapunan also took note that defense counsel Marvin Vinluan repeatedly acknowledged that Duterte made the statements before members of the media.

The veteran trial lawyer said both the prosecution and defense relied on the same video.

“So there was no longer any issue regarding its authenticity, provenance or source,” she said.

Kapunan denied speculation that the prosecution withdrew Lopez because it was afraid of cross-examination.

“We were not concerned about whether we could face cross-examination questions both from the defense and the senator-judges because here we stand on the strength of the facts, on the strength of the evidence,” she said.

She also denied any backdoor negotiations with the defense.

“There was never a discussion on whether to present her or not or any accommodation to be made as regards her presence here in the Senate,” Kapunan said.

Kapunan revealed that she was supposed to be the one to directly examine Lopez.

“You know me. Many of you have known me for a long time. I kill a mosquito with an atomic bomb,” she said.

Kapunan said she knows when additional evidence is no longer needed.

Lack of evidence?

Kapunan also rejected Duterte’s claim that the impeachment complaint lacks evidence.

Kapunan said the prosecution has already presented testimonial and documentary evidence before both the House of Representatives and the Senate impeachment court.

“So far we have not seen any evidence coming from the defense,” she said.

“What we’re hearing now are reports about errors. What kind of a defense is that?”

Kapunan clarified that despite the withdrawal of the prosecution’s request for Lopez in the grave threats and inciting to sedition grounds, the Duterte aide remains listed in the witnesses for the alleged misuse of confidential funds.