Generational divide? Opposing lawyers spar at trial

Defense lawyer Kristine Ferrer (left) cross-examines a prosecution witness during the impeach- ment trial of Vice President Sara Duterte at the Senate yesterday. At right, private prosecutor Lorna Kapunan makes a point about misleading questions by the defense.

Ryan Baldemor

MANILA, Philippines — Sen. Francis Escudero served yesterday as referee after tensions he attributed to a “generational divide” broke out during Vice President Sara Duterte’s impeachment trial.

During the cross-examination of state auditor Xylene Mae del Campo, prosecutor Lorna Kapunan, 74, objected to the line of questioning of defense lawyer Kristine Ferrer, who is in her 30s.

“Misleading questions are not allowed on cross,” Kapunan pointed out, but Ferrer responded with, “they are allowed.”

“I don’t think I need to lecture you about that,” Kapunan said.

Escudero intervened.

“Let’s not allow the generational or seeming generational divide increase the tension in the courtroom. Let’s keep it much lower,” the impeachment court’s presiding officer said.

Kapunan stressed, “I am preventing myself from giving her a spanking… That’s what I would have done in the generational divide.”

After a lunch break, Ferrer asked the court to “not allow side comments, ‘I was about to spank her, I was about to lecture her.’”

Kapunan had withdrawn her statement, Escudero noted.

“I hope it was part of the records that I promised to behave,” Kapunan said.

Defense lead counsel Sheila Sison criticized prosecutor Amando Virgil Ligutan for posting on social media Ferrer’s remarks.

“I find it in bad taste to do this. It is inappropriate to do that to fellow members of the Bar,” Sison told the court.

In his post, Ligutan said, “A principle all lawyers and law students know by heart: misleading questions are NOT allowed even on cross-examination.”

Escudero reminded parties to be mindful of their public statements.

“One side has been crossing the line many, many times and in fact the presiding officer is in the process of drafting a ruling and a warning and an order pertaining to this,” Escudero said. – Marc Jayson Cayabyab