Impeachment court warns prosecutors against using inflammatory terms
MANILA, Philippines — The Senate impeachment court on Tuesday reminded the House prosecution panel in Vice President Sara Duterte’s impeachment trial not to use inflammatory terms such as “scam” and “mastermind” during direct and cross-examinations.
The reminder stemmed from private prosecutor Atty. Mae Divinagracia’s direct examination of Office of the Vice President (OVP) Assistant Chief of Staff Lemuel Ortonio, during which she used terms such as “scam” and “mastermind.”
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Divinagracia used the term “scam” to describe the OVP’s use of confidential funds after Ortonio confirmed that they submitted four separate explanations to the Commission on Audit to justify their use.
“In short, you will also agree with me na kapag paiba-iba ang rason, maaaring nagsisinungaling lang or talaga namang ito ay isa lamang scam?” her exact words were during the direct examination.
(In short, you will also agree with me that if the reason keeps changing, they might be lying or it could really be just a scam?)
She then asked Ortonio to confirm whether Duterte was the “mastermind” behind the OVP’s confidential funds issue, after the aide confirmed that the Vice President herself had requested the funds and ordered their release, encashment, use, and liquidation.
“In short you will agree with me that this whole confidential funds matter, ang arkitekto at mastermind nito ay si Sara Duterte (In short, you will agree with me that, in this whole confidential funds matter, Sara Duterte is the architect and mastermind behind it),” she said.
Defense counsel Atty. Kristine Ferrer objected to both questions and even moved to strike them from record—motions which were also sustained by Presiding Officer and Senator-judge Francis “Chiz” Escudero.
“I will have to strike, kindly replace it with words that are more acceptable such as: ‘that everything was approved by, or with the consent or the full knowledge of’ it’s up to you,” said Escudero.
Ferrer then made a manifestation calling on the court to remind the prosecution not to use “inappropriate words” like “scam, mastermind, nagsisinungaling.”
“This is a solemn proceeding, this is a court of law, this is a court of procedure and actually a court of decorum. We are not supposed to make insinuations, accusations or conclusions your honor, so we request the court to kindly remind the prosecution,” she said.
Escudero agreed with Ferrer, noting that this would not be the first time the court would issue such a reminder for the prosecution panel.
“It does seem that it’s becoming a… I would rather use the word habit, than pattern…for the panel of prosecutors to close their direct with such strong statements,” he said.
Senator-judge Alan Peter Cayetano also shared Escudero’s sentiments, stating that such words could “affect the integrity, not only of the court, but of the decision.”
Divinagracia, for her part, apologized, stating that she was only carried away by the prosecution’s “zeal and passion.
“We apologize, sometimes we get carried away by our zeal and our passion but to me and the prosecution, we just want to wall a spade a spade,” she said.
“But henceforth, to borrow the words of my colleague we will try to behave,” she added. /jpv