Opposing counsel clash over cross

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Private prosecutor Atty. Lorna Kapunan on Wednesday questioned the line of questioning of Vice President Sara Duterte’s lawyer Kristine Ferrer, arguing that the defense’s cross-examination of a prosecution witness had gone beyond the bounds of proper court proceedings.
“If they’re making the point that this witness, that the CoA witnesses here, that they’re scared of the budget for their agency or they’re scared of these congressmen, your honor, this is already beyond cross-examination,” Kapunan said during the impeachment proceedings.
“While the presiding officer has given much leeway, your honor, let us confine ourselves to exactly what is the definition of cross examination, what was taken up during direct and what may be relevant,” she added.
Kapunan’s objection came after hours of questioning by Ferrer, who asked whether members of the House Committee on Justice that handled the impeachment proceedings against Duterte were also among the lawmakers who determine the national budget.
Kapunan argued that the questions were “beyond relevance” and “immaterial” to the testimony of state auditor Xylene Mae del Campo, who was called to testify on the Commission on Audit’s (CoA) findings regarding Duterte’s use of confidential funds.
Ferrer defended her line of questioning, saying that Kapunan was “preempting” her questions before she could establish her point.
Senate impeachment court presiding officer Senator Francis “Chiz” Escudero eventually urged the defense to move on to another topic.
Hours-long clash
The exchange was one of several clashes between Kapunan and Ferrer during Del Campo’s testimony, with the private prosecutor repeatedly objecting to what she described as argumentative questions.
At one point, Kapunan said she was “preventing herself” from giving Ferrer a “spanking,” later saying she would “refrain from lecturing” opposing counsel over her questioning.
After the trial resumed following a lunch break, Ferrer asked the court to require Kapunan to be more mindful of her “side comments,” noting that the proceedings were public and that the media could capture such exchanges.
Ferrer acknowledged the difference in their litigation experience but said it should not be used to belittle opposing counsel.
“We would like to ask this court to not allow side comments… because those have no place in a courtroom because we are all lawyers here, let us respect our fellow lawyers,” Ferrer said.
Despite the heated exchanges, the court completed Del Campo’s testimony. The prosecution later said the state auditor could be its final CoA witness for Article I of the impeachment case.