Call for balance should also apply to senator-judges – Kapunan

MANILA, Philippines — The call of senator-judges for balance, after the prosecution supposedly made conclusions of law and fact when they withdrew their witnesses for Article IV against Vice President Sara Duterte, should apply to them also, according to counsel for the prosecution, lawyer Lorna Kapunan.

Kapunan, in a briefing after the trial on Wednesday, explained that she disagrees with the manifestation of some senator-judges that the explanations of their movements—like the withdrawal of witnesses—should be mentioned outside so as not to affect the impartiality of the Senate Impeachment Court.

But Kapunan said that if this standard should apply to them and the defense, this should be required of the senator-judges as well.

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“I’d just like to emphasize and for you to think about the statement of one of the senator-judges who said, ‘Don’t say it here, if you have something to say, your opinions, your conclusions, your manifestations, don’t say it in the impeachment court. Say it outside, say it through your spokesperson,” Kapunan said.

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“My personal view here—and what I say, please do not blame management, please do not blame the public prosecutors—but I would like to say that when we talk about balance and when we talk about impartiality, I guess that same standard should apply not only to the prosecutors, not only to the defense, but to the senator-judges,” she added.

READ: Impeach court to prosec, defense: No need to explain witnesses’ withdrawal

Kapunan said that she does not mean to say that the court is biased, but she noted that neither the prosecution nor the defense can object to statements that senator-judges made.

“This is not to say that they are biased, we are saying that we have to have a balance also, because when the senator-judges make a manifestation, we do not have the right to object. If the other side, for instance, the defense, when prosecutors make an objection or make a statement, we can say that it’s misleading your Honors,” she said.

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“Sadly, we cannot say the same, we do not have the same right to say that when it is the senator-judges who make their own manifestations, who make their own opinions, who make their own conclusions of law and of fact as well. So speaking for myself, if there is a call for balance, we’re throwing back that call as well,” she added.

Kapunan did not mention who made the manifestation, but after defense lead counsel Sheila Sison expressed concerns about the prosecution’s explanation of the withdrawal of their witness—which Kapunan did on Tuesday night—several senator-judges expressed their agreement.

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One of those who agreed was Senator-judge Alan Peter Cayetano.

According to Sison, this added discourse affects the fairness and balance of the proceedings, as well as the way the impeachment court can perceive such.

“So I’m just expressing a concern on behalf of the defense, and just for the guidance of both parties—If the only message, if the only intent, really, is just to withdraw witnesses, and, perhaps, it would better serve the purpose of aiding the disposition of this case, if that fact alone will be the only thing mentioned, without factual assertions, or conclusions of facts, or even interpretation of the law,” she explained.

Eventually, presiding officer and Senator-judge Francis Escudero, all parties do not have to explain their decision to withdraw witnesses.

But Kapunan said the viewers have a right to know why the prosecution decided to withdraw its witnesses.

“No, it is the right to information that we are here talking about, and as chair Jinky (Luistro) has said, this is a constitutional process. This is not the rules of court where technical rules are applicable, and it is not right that we will make manifestations outside through our spokesperson,” she noted.

On Tuesday, Kapunan announced that they will no longer present Office of the Vice President (OVP) chief-of-staff and Undersecretary Zuleika Lopez, along with Capt. Belinda Bello of the House’s Legislative Security Bureau, as it will be redundant to the examinations of two NBI officials—Senior Agent John Mark Calilung and Regional Director Jeremy Lotoc.

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

Then earlier, lead public prosecutor and Batangas Rep. Gerville Luistro said that they are adding more witness to the list of resource persons being withdrawn:

representatives from Philippine National Police (PNP) Firearms and Explosives office

Reuters reporter Mikhail Flores

Rappler reporter Bonz Magsambol

former Sheriff Abe Andres

family member of a victim of threats

a psychiatrist

The PNP representative would have attested to the ability of Duterte to carry out the threats, while the reporters were present during the November 23, 2024 online press briefing where the Vice President said that she had talked to someone about killing President Ferdinand Marcos Jr., first lady Liza Araneta Marcos, and former House Speaker Ferdinand Martin Romualdez.

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

Andres, the relative of a person threatened, and the psychiatrist were all supposed to testify on Duterte’s alleged tendencies to be violent.

“Considering that these five witnesses are included in our pre-trial order, your Honor, we respectfully withdraw their names among the prosecution’s witnesses for Article IV—threat,” Luistro said.

READ: Prosec won’t call sheriff, reporters as witnesses in impeach trial anymore

Article IV deals with Duterte’s threats in the press briefing, which happened while Lopez was detained at the House premises. Lopez’s detention came after she was cited for contempt by the House committee on good government and public accountability, for supposedly committing undue interference during the panel’s investigation of the alleged confidential fund misuse within Duterte’s offices.

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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. /cb