Prosec: Ligutan’s FB post due to law prof persona – had to correct it

MANILA, Philippines — Lawyer Amando Virgil Ligutan’s personality as a law professor may have prompted him to clarify that misleading questions are not allowed even during cross-examination, members of the prosecution team for Vice President Sara Duterte’s impeachment trial said.

In a press briefing after the impeachment trial on Wednesday, counsel for the prosecution and legal spokesperson Benjamin Tolosa Jr. said that since many law students and aspiring lawyers monitor the proceedings at the Senate, Ligutan may have felt the need to correct misconceptions.

Tolosa was referring to Ligutan’s Facebook post where he stated that a “principle all lawyers and law students know by heart” is that “misleading questions are not allowed even on cross-examination” — believed by Duterte’s lawyers to be a response to defense counsel Kristine Ferrer’s comments that misleading questions are allowed.

“With respect do’n sa naging post kanina, I think nagkaroon siya (Ligutan) ng paalala lang […] dahil alam naman natin napakaraming naka-subaybay dito sa proceedings na ‘to pati, kasama na dyan mga new lawyers or aspiring lawyers, mga law students,” Tolosa said.

(With respect to the previous post, I think he (Ligutan) issued a mere reminder […] because we know that there are a lot of people monitoring these proceedings, including new lawyers or aspiring lawyers, law students.)

“Alam natin nakikita natin do’n sa social media sinasabi nga nila sinusubaybayan nila ‘to at madaming silang natututunan dito.  So I guess as a professor, he just wanted to make sure, remind everyone, this is a basic evidentiary rule na […] misleading questions are never allowed mapa-direct or cross examinations, it’s never allowed, and it was just a reminder,” he added.

(We know through social media that they are monitoring, as they claim to be learning a lot of things from the proceedings.  So I guess as a professor, he just wanted to make sure, remind everyone, this is a basic evidentiary rule that […] misleading questions are never allowed whether it’s direct or cross examinations, it’s never allowed, and it was just a reminder.)

Tolosa said that social media posts concerning the trial — like attacking the integrity of the court — are naturally not allowed, but Ligutan’s statements on Facebook fall under the realm of “reasonable criticism.”

“Reasonable criticisms are allowed but baseless attacks against the credibility of the institution itself, of course, it’s not allowed.  And of course, disrespectful actions and words against the other parties and other councils are unethical and also not allowed,” Tolosa said.

Before the fifteenth day of Duterte’s trial ended, defense lead counsel Sheila Sison made a manifestation where she called out Ligutan over this Facebook post.

Sison claimed that Ligutan did not name names, but referred to Ferrer — particularly the exchange between Ferrer and another counsel for the prosecution, Atty. Lorna Kapunan.

In a tense moment during the cross-examination of state auditor Xylene Mae del Campo, Kapunan strongly objected to Ferrer’s practice of cutting the witness off before she is even able to provide an answer to the questions, and insisting that questions be answered by yes or no only.

Ferrer asked that she be allowed to conduct the cross-examination in her own manner, but Kapunan noted that some questions are not simply answerable by yes or no.

Later, Kapunan said that “misleading questions are not allowed,” to which Ferrer responded by saying that “it is allowed.”  The exchange prompted Ligutan’s post on Facebook.

But Sison said that Ferrer’s “it is allowed” quip was not a reply to Kapunan’s “misleading questions are not allowed” even on cross-examination statement — making Ligutan’s social media post as something done in “bad faith.”

READ: Lead Duterte counsel Sison calls out prosecutor over viral trial clash

Public prosecutor and Bicol Saro party-list Rep. Terry Ridon asked why the defense is crying about Ligutan’s post when the lawyer did not name anyone, nor stated who he was alluding to.

“Ramdam ko ‘yong pag-iyak, ramdam ko ‘yong pighati, ramdam ko ‘yong hinagpis ng depensa dito po sa pagre-reklamo nila, doon po sa mga binanggit po […] ng depensa nito pong nagdaan.  Pero dalawa lang po ‘yong tanong: ito po ba ay may pinangalanan; pangalawa, is it based on the merits?” Ridon asked.

(I feel the defense’s tears, I feel the sorrow, I feel the anguish in their complaints regarding what was mentioned […] by the defense recently.  But there are only two questions: was somebody named?  Second, is it based on the merits?)

“I don’t think so.  Kasi po ‘yong sub judice rule ang pinag-uusapan po dito talking about the merits of the case.  But what was Atty. Ligutan actually talking about?  He was basically stating a principle of law on misleading questions, hindi ho ba?  So, kung naiiyak ho ‘yong depensa, kuwawa naman sila, but it is not within the sub judice rule.  So, I think it is out of place,” he added.

(I don’t think so.  Because the sub judice rule that we are talking about here only involves the merits of the case.  But what was Atty. Ligutan actually talking about?  He was basically stating a principle of law on misleading questions, right?  So, if the defense is crying about this, it’s a pity, but it is not within the sub judice rule.  So, I think it is out of place.)

Ridon had already questioned Sison’s manifestation, urging the defense lead counsel not to gaslight the country as transcripts of Wednesday’s proceedings showed that Ferrer really said that misleading questions were allowed.

According to Ridon, if Ferrer did not really mean to say that misleading questions are allowed, she should have clarified immediately.

READ: Ridon to Sison: Don’t gaslight PH, lawyer said misleading queries OK

Other members of the prosecution team believe that instead of dwelling on Ligutan’s remarks, the right point of discussions before the Senate Impeachment Court is Duterte’s claim that there has been a “bending” of the law during the proceedings.

READ: Prosec tells Duterte: ‘Bending the law’ is using only ARs, no receipt

In a press briefing on Thursday, prosecution spokesperson and Kabataan party-list Rep. Renee Co said that if the Senate Impeachment Court has to reprimand anybody, it should be Duterte who said last August 6 that there is no need for her to disrupt the trial since it is already chaotic and marred by actions “bending the law.” /jpv