FACT CHECK: Tolosa not ‘fired’ from VP Sara’s impeachment trial

The misleading claim appears to stem from the heated exchange between Tolosa and lead defense counsel Sheila Sison, which was misrepresented as Tolosa supposedly being removed from the impeachment trial

AT A GLANCE

• Senator Francis 'Chiz' Escudero did not remove private prosecutor Benjamin 'Jay' Tolosa Jr. from Vice President Sara Duterte's impeachment trial.
• The claim originated from a misleading YouTube video that misrepresented a heated exchange during the trial as Tolosa being fired.
• Tolosa was still actively participating in the trial, and there was no credible evidence to support the claim of his removal.

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Claim: Impeachment trial presiding officer Senator Francis “Chiz” Escudero removed private prosecutor Benjamin “Jay” Tolosa Jr. from Vice President Sara Duterte’s impeachment trial.

Rating: FALSE

Why we fact-checked this: A YouTube video posted on September 3 by the channel “Pinas Insider” carries the claim with the title “Escudero sinibak si Tolosa! Hindi ang kagustuhan mo ang masusunod dito.” 

(Escudero fires Tolosa! Your wishes won’t be followed here.)

Its thumbnail bears the text “Escudero sinibak si Tolosa” (Escudero fires Tolosa), along with the text “Paikot-ikot ka lang, walang patutunguhan” (You’re just going around in circles, going nowhere), and images of Escudero pointing at Tolosa at the Senate.

As of writing, the video has drawn over 34,000 views, 555 likes, and 148 comments.

The facts: There is no credible report that Tolosa was fired or removed from the impeachment trial. In fact, he was still serving as prosecution counsel on September 2, the day before the video was uploaded, when he led the direct examination of Duterte’s defense lawyer Michael Poa during Day 21 of the trial.

The misleading video appears to be based on a heated exchange between Tolosa and Duterte’s lead defense lawyer Sheila Sison. During the trial, Tolosa had sought to play a recording from an earlier House committee proceeding that Poa had attended. Sison objected, citing an earlier ruling barring the introduction of third-party statements during witness testimony. Escudero sustained the defense’s objection.

The September 2 hearing was particularly tense. While Poa was on the witness stand to testify on the alleged misuse of confidential funds, the hearing was punctuated by several sharp exchanges between Sison and Tolosa. (READ: Tolosa turns up the heat in the courtroom, sparks hot exchanges)

At one point, Tolosa told her, “Relax ka muna, Atty. Sheila” (Just relax for now, Atty. Sheila), before the presiding officer intervened and told both sides that he could no longer follow the points they were raising.

Despite the exchange, there was no mention of any ruling removing Tolosa from the impeachment trial; rather, it merely reflected friction between counsel that Escudero had to manage.

Taken out of context: This is not the first time a ruling by the impeachment court has been presented as something more consequential than it was. In a separate fact check, an actual ruling involving the sub judice rule was similarly misrepresented as Escudero supposedly accusing the prosecution of fabricating its allegations against Duterte. (LIVE UPDATES: Impeachment trial of Vice President Sara Duterte)

Escudero has reminded both the prosecution and defense to avoid discussing the merits of the case publicly under Rule 18, directing the parties to settle their disputes in court rather than through what he described as the “court of public opinion.” – Cyril Bocar/Rappler.com

Efren Cyril Bocar is a journalist from Llorente, Eastern Samar who graduated with a degree in English Language Studies at the Visayas State University. Cyril is also a graduate of the Aries Rufo Journalism Fellowship of Rappler for 2024. 

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