Bucoy: Insults have no place in impeachment trial


A member of the Free Legal Assistance Group (FLAG) on Sunday reminded that making insults during trial proceedings are not allowed.
This amid the heated exchange between the defense and the prosecution lawyers in the impeachment trial of Vice President Sara Duterte at the Senate.
Lawyer Antonio "Audie" Bucoy, member FLAG and Movement of Attorneys for Brotherhood, Integrity and Nationalism Incorporated (MABINI) and former House prosecution panel spokesperson, said insults have no room in any legal setting.
He said mockery and insults have no place in any trial—whether in an impeachment court or in a court of law, adding, for lawyers, there is what they call a code of professional conduct, and the Supreme Court enforces that very strictly.
Bucoy said the unique situation of the impeachment trial should give both parties enough time to explain their sides.
But given the sui generis character of the current impeachment trial, there should be a little leeway to sufficiently explain one's side and what shouldn't enter into it is mockery fellow lawyers should be respected. In Philippine law, sui generis is a Latin phrase meaning "of its own kind" or "in a class by itself"
The lawyer said though that he haven't seen any insults given yet, adding the rules of impeachment provide that the defense and prosecution lawyers are not allowed to make comments on the merit of the case.
“It is prohibited to comment saying, 'Our evidence is right, theirs is weak'...'Theirs is weak because of this or that'—that is what is prohibited.
Duterte’s lead counsel Sheila Sison earlier condemned a social media post made by private prosecutor Armando Ligutan regarding misleading questions while the impeachment trial was ongoing,” he said in a radio interview.
The matter came following a heated exchange between private prosecutor Lorna Kapunan and defense lawyer Kristine Ferrer, where the latter said that misleading questions were allowed during cross examination.
The Facebook post of Ligutan read: “A principle all lawyers and law students know by heart: Misleading questions are not allowed even on cross-examination.”
Sison in her reaction said that it was “in bad taste” and was inappropriate to do against a fellow member of the Bar.
House Prosecutor Partylist Representative Terry Ridon on Friday said the defense’s complaint has no basis.
He said that looking back at the transcript, what they watched was clear that there is no basis for the defense to complain because when Atty. Ferrer said 'it is allowed,' she was actually cutting Atty. Kapunan, and how can that be a valid basis for a complaint?
Also, the House prosecution panel said any guidelines to be established by the Senate impeachment court regarding public engagement by the defense and prosecution should cover all past incidents, not just the defense's recent complaint.
They argued that before the defense complaint, the integrity of the court had already been called into question by earlier incidents—specifically a statement made by the vice president and a spliced video uploaded online.