Kapunan regrets not examining Lopez, but says it’s not last chance

MANILA, Philippines — While she would have wanted to examine Office of the Vice President (OVP) Undersecretary Zuleika Lopez during the impeachment trial, counsel for the prosecution Lorna Kapunan said their decision not to call her to the witness stand shows that they know when to stop.

Kapunan admitted in a press briefing on Tuesday that she really wanted to examine Lopez, Vice President Sara Duterte’s chief-of-staff, but it would have been unnecessary and a waste of time—and may even turn the trial even more dragging.

“Yes, I wished that I could examine her, I would just watch Netflix later because it seems… well, I had wanted to do it because I’ve never backed off from a challenge. And to me, it’s very important that the truth must (come) out, and I felt that with my years of experience I could do it,” Kapunan said.

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READ: Prosecution won’t present Lopez anymore: Testimony is redundant

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“But again as I said […] we should know when to stop and that was earlier, when I said enough na, stop na. And that is the pitfall, sometimes we just love to listen to ourselves, that’s the pitfall of some lawyers, not realizing that hours and hours of cross-examination (when) the best rule in cross examination is don’t cross if you have nothing to ask,” she added.

According to Kapunan, she relished the chance to quiz Lopez as she “kills a mosquito with an atomic bomb,” but such a thing became “unnecessary.”

“I mean, you know me […] I was supposed to handle attorney Lopez and made a judgment and upon the control and supervision of the public prosecutors, it really became unnecessary,” she said

“And those of you who know me—and I see many familiar faces here—know that hindi ako umaatras (I don’t back down) at all. In fact, I kill a mosquito with an atomic bomb. This was not necessary here,” Kapunan added.

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READ: Ridon tells VP Duterte’s lawyers: Do better, you didn’t disprove threat

During the tail end of the trial at the Senate, Kapunan announced that the House of Representatives’ prosecution team will no longer present Lopez, noting that the the Undersecretary’s testimony would only be redundant to the statements that National Bureau of Investigation (NBI), Senior Agent John Mark Calilung and Regional Director Jeremy Lotoc have given.

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Calilung and Lotoc testified for Article IV of the Articles of Impeachment, or the accusation that deals with Duterte’s threats against President Ferdinand Marcos Jr., First Lady Liza Araneta Marcos, and former House Speaker Ferdinand Martin Romualdez.

Kapunan also said that they will also no longer call Capt. Belinda Bello, an official of the House’s Legislative Security Bureau, who was involved in the security matters when Duterte was in the House in November 2024—during the same time that the Vice President held a press briefing and threatened the three.

Not so fast

But Kapunan also clarified two things: first, that the withdrawal of Lopez and Bello as witnesses does not mean that the prosecution is resting its case regarding Article IV.

“You will know by Tuesday because the prosecution, or both sides, the prosecution is required to give notice to the court, to the presiding officer, and to the impeachment court, every Tuesday a list of witnesses for the coming week,” Kapunan said when asked if they have finished presenting witnesses for Article IV.

READ: Sara Duterte’s kill remark vs Marcos is ‘active threat’ – Palace

The second clarification from Kapunan was that Lopez can still be called to the witness stand for other issues, and their withdrawal of Lopez was only for Article IV.

“No, as a matter of fact, this is not to preempt, but in our pre-trial order, she is listed (Lopez) […] she is listed in some other articles,” Kapunan said.

“Well in the pre-trial order, because that is in our pre-trial brief, the prosecution’s brief, and it was mentioned in the pre-trial order. So it will be a matter of discussion with the public prosecutors when and if Atty. Lopez will be presented for some other article, because she is really listed as a witness,” she added.

READ: With or without contract to kill, VP made impeachable offense – lawmaker

The prosecution panel originally intended to present Lopez as a hostile witness, as she is a key figure on the discussions for Article IV, or the charge of betraying public trust after Duterte supposedly made grave threats against Marcos and his relatives.

For one, it was in the context of Lopez’s detention at the House premises last November 2024—after she participated in the hearing of the House committee on good government and public accountability—that Duterte addressed the media in an online briefing.

Lopez was cited for contempt for supposedly committing undue interference during the panel’s investigation of the alleged confidential fund misuse within Duterte’s offices.

As she was infuriated over Lopez’s detention and subsequent attempts to transfer her, Duterte badmouthed the Marcos couple and Romualdez. At one point, Duterte was asked if she is concerned about her security; she replied by urging people not to worry since she had contracted an assassin to kill the three if she herself gets killed.

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The defense panel has maintained that Duterte’s statements were part of free speech, but several government officials and the prosecution team believe it was a grave threat—regardless of whether or not the Vice President executed a contract with an assassin to kill the three. /cb