A prosecutor’s social media post about a heated courtroom exchange has prompted the Senate impeachment court to prepare a ruling on whether lawyers involved in Vice President Sara Duterte’s trial have crossed the line on public commentary.

Presiding Officer Francis “Chiz” Escudero said on Wednesday he was drafting a ruling, warning and order on possible violations of Rule 18 after defense lead counsel Sheila Sison challenged a Facebook post by private prosecutor Amando Virgilio Ligutan.

Sison said Ligutan’s post, which stated that “misleading questions are not allowed even in cross-examination,” appeared to refer to an exchange earlier in the day between private prosecutor Lorna Kapunan and defense counsel Kristine Ferrer.

She said the post mischaracterized Ferrer’s position and was inappropriate because it was made while the impeachment court was in session.

“I really just find it in bad taste to do this at this time,” Sison told the court.

“Impeachment court is also a court of decorum,” she said, arguing that lawyers on opposing sides remained members of the bar and officers of the court who owed each other respect.

Kapunan earlier objected that not every question could be answered that way before telling the court: “There are limits to cross examination. Misleading questions are not allowed on cross.” Ferrer replied: “They are allowed.”

Sison said Ferrer was referring to leading questions, which are allowed during cross-examination, and not endorsing misleading questions.

“Yet we have a private prosecutor immediately taking to social media and posting this implying something against the defense counsel,” Sison said. 

Under Rule 18 of the Senate impeachment rules, the presiding officer, senators, prosecutors, the respondent, their respective counsel and witnesses are barred from publicly commenting on the merits of a pending impeachment case.

Escudero said the court had already been tracking public statements by lawyers and warned that the issue went beyond Ligutan’s post.

“I asked the clerk of court to monitor the public statements of the counsels of the parties this past week,” Escudero said. 

Escudero said he had previously reminded both sides that they could appoint spokespersons who were not members of the prosecution or defense teams to handle public statements.

The presiding officer said the court was already preparing a ruling and warning on the matter and would hear Ligutan before deciding it on Monday.

“We have it all on tape. We have been monitoring everything,” Escudero said.

Meanwhile, Ligutan defended his post after the hearing, saying he was simply stating a legal principle and had not referred to anyone by name.

“Whatever reaction ng defense, sa kanila na ’yun. I’m wise enough to know if I’m about to cross the line. Did I mention a name? Did I mention a case? Zero. Nothing. If they felt alluded to, sa kanila na ’yun,” he told reporters.###