Some prosecutors may resign to be full-time spox — Alonto Adiong

MANILA, Philippines — Some members of the prosecution panel for Vice President Sara Duterte’s trial may resign to become full-time spokespersons amid the Senate Impeachment Court’s decision to strictly implement the sub judice rule, Lanao del Sur Rep. Zia Alonto Adiong said Thursday.

In a press briefing at the Batasang Pambansa complex, Alonto Adiong said there are still ongoing discussions on whether there will be changes to the composition of the prosecution panel, now that the court, through Presiding Officer and Senator-judge Francis Escudero, has set clear guidelines on the sub judice rule, which prohibits parties to the case from commenting on the merits of the case.

“I think this is still an ongoing discussion within the prosecution panel, but definitely there is a possibility that some of the sitting prosecutors may resign from their posts as members of the prosecution panel and act as one of the spokespersons,” Alonto Adiong, also a spokesperson of the panel, said.

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

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“So it’s a possibility that we will add spokespersons. But definitely those speaking for the House prosecution panel will not be reduced; rather, the number may increase,” he added.

Alonto Adiong explained further that those who have been speaking to the media in interviews, but are still prosecutors, may leave their posts with the prosecution panel.

“The number will be reduced in a sense that prosecutors who give interviews will be limited in what they can say, which is why the matter is being discussed,” he noted.

As of now, only one member of the prosecution panel is officially designated as a spokesperson — lawyer Benjamin Tolosa Jr., a member of the private counsel. Outside of Tolosa, the prosecution team has three other spokespersons — Adiong, Kabataan Rep. Renee Co and former Surigao del Norte Rep. Robert Ace Barbers.

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However, other public prosecutors have helped disseminate the panel’s message, including Bicol Saro party-list Rep. Terry Ridon, Manila Rep. Joel Chua and, sometimes, lead public prosecutor and Batangas Rep. Gerville Luistro.

Some members of the private prosecution team who have participated in press briefings include lawyers Lorna Kapunan and Amando Virgil Ligutan.

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Previously, Tolosa said that he wanted to retain both roles in the prosecution team, but if he had to pick one, he would prefer to be part of the prosecution counsel.

Discussions on the sub judice rule came after a manifestation from lead counsel for respondent Sheila Sison on Aug. 12, when she questioned Ligutan over a Facebook post in which he said that a “principle all lawyers and law students know by heart” is that “misleading questions are not allowed even on cross-examination.”

Sison said Ligutan did not name anyone, but he was clearly referring to counsel for respondent Kristine Ferrer — particularly the exchange between her and Kapunan.

Sison was pointing to a tense moment during the cross-examination of state auditor Xylene Mae del Campo, where Kapunan strongly objected to Ferrer’s habit of cutting the witness off before she was even able to provide an answer to the questions.

As she insisted that Ferrer was mistaken in stating that she can ask only questions answerable by yes or no, Kapunan said that “misleading questions are not allowed.” After this, Ferrer responded by saying that “it is allowed.”

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

After Sison’s manifestation, Escudero told both the defense and the prosecution that they were monitoring social media posts related to the proceedings.

Then, on Wednesday, Escudero said that while they would no longer punish previous violations, the ruling would apply to all parties moving forward.

For senator-judges, Escudero clarified that they may still ask questions during the trial, where they usually interject, but must do so with “cold neutrality.” Escudero reminded them that they must not only be impartial but must also appear impartial.

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READ: Escudero draws line on trial statements, warns of 2-strike muzzle

For lawyers representing the prosecution and defense, a public reprimand with admonition awaits sub judice rule violators on their first strike, while a monetary fine of P30,000, with the possibility of being restricted from speaking, objecting or examining witnesses on the floor, may be imposed upon them for subsequent violations. /das