No prosecutor resignations as panel adjusts to sub judice rule

MANILA, Philippines — For the first time since the Senate Impeachment Court issued a ruling for a stricter sub judice rule implementation last Aug. 26, a member of the prosecution team — Manila Rep. Joel Chua — appeared before an official press conference.

However, during the briefing after Vice President Sara Duterte’s trial on Tuesday, Chua’s answers seemed to be measured and calculated — often pausing several times before replying to questions, earning laughs from the crowd.

“Ang mahal ng penalty (The penalty is expensive),” Chua said after being asked about the testimonies of Col. Manaros Boransing II and Col. Magtanggol Panopio, two Philippine Army (PA) officials who issued certifications on Army-funded youth summits which were used by Vice President Sara Duterte’s office used to justify confidential expenses.

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

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It appears this will be the way forward for the prosecution, as Chua said no one will resign and be appointed as a full-time spokesperson, contrary to the panel’s initial plans.“Well we have decided na wala na lang munang magre-resign and kasi no’ng una isa ‘yan sa mga naging discussions kung ganoon ang mangyayari, kaya nga po nasabi ni Congressman Zia (Alonto Adiong), kasi ‘yon ang talagang unang option,” Chua said.

(Well we have decided that no one will resign, because one of the initial considerations was that we will adopt such a measure, which is why Congressman Zia (Alonto Adiong) mentioned this because it was one of the first options.)

“In fact may mga sinasabi, suggestions ‘yong mga private prosecutor at public prosecutor na may ilan na pagre-resignin para maging spokesperson.  Pero after considering everything — tutal, isang buwan na lang kung masusunod ‘yong ating target, eh siguro susubukan na lang namin to explain in a way na hindi tayo magta-touch sa merit,” he added.

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

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(In fact, there were suggestions that some of the private prosecutors and public prosecutors will resign to become spokespersons.  But after considering everything — since we have a few months left on our target, maybe we will just try to explain in a way that we will not touch on the merit.)

The prosecution’s setup, Chua said, is that they will have a member of the prosecution panel to sit during press briefings and another spokesperson or House member to explain matters that may be considered sub judice.

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After all, Chua said that not every question asked during press briefings are related to the merits of the case.

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

“Kaya kung makikita ninyo may isang public (prosecutor) at may isang spokes(person) […] kasi too late na kung magbabawas tayo tapos magdadagdag pa, sino pa ba naman ang idadagdag natin to maintain ‘yon 11(-person) prosecution team?” he said.

(If you will see our setup now, there is a public (prosecutor) and one spokes(person) […] because it is too late already, if we will cut and add prosecutors, who will we add now to maintain that 11(-person) prosecution team?)

“Well hindi naman sa comfortable pero baka mamaya may magtatanong  tungkol sa procedure aspect outside the merit of the case, so I can answer that.  Kasi hindi naman lahat puro merito ang tanong, so may mga iba tinatanong — kagaya po ng tinanong kanina, na ano na ‘yong susunod,” he added.

(Well it’s not a state of being comfortable but we were anticipating that some people may ask about the procedural aspect outside the merit of the case, so I can answer that.  Because not all questions are about merits, so there may be other questions — like what was asked earlier, as to what is the next issue.)

Discussions on the sub judice rule came after a manifestation from lead counsel for respondent Sheila Sison last August 12, when she questioned counsel for prosecution Amando Virgil Ligutan over a Facebook post where 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 another prosecution counsel. Atty. Lorna Kapunan.

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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 is mistaken in stating that she can throw questions answerable by yes or no only, 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 “misleading questions are not allowed” even on cross-examination statement — making Ligutan’s social media post as something done in “bad faith.”

In response to this manifestation, Presiding Officer and Senator-judge Francis Escudero said last Wednesday that while they would no longer punish previous violations, the ruling will apply to all parties moving forward. 

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

For lawyers representing the prosecution and defense, 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 on their subsequent violations.

The ruling prompted the prosecution to reconsider sending out prosecutors to press briefings.  Alonto Adiong, a spokesperson for the panel, said there are still ongoing discussions on whether there will be changes to the composition of the prosecution panel.

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Last Friday, prosecution member and Bicol Saro party-list Rep. Terry Ridon clarified that none of the public and private prosecutors for Duterte’s impeachment trial will resign, as the panel is moving towards adding more spokespersons who will not be bound by the court’s sub judice rule. /mr