Prosecution's Ligutan on viral post: 'Correcting a mistake is never wrong'

MANILA – House prosecution counsel Amando Virgil Ligutan invoked his nearly two decades as an educator in defending a viral Facebook post that became one of the triggers for the Senate impeachment court to lay down stricter guidelines on public statements surrounding Vice President Sara Z. Duterte’s trial.

“Correcting a mistake is never wrong. Doing it while a hearing is ongoing, online, does not make it not right,” Ligutan told the impeachment court.

“Ang pagtatama ng mali ay kailanman hindi ipinagbabawal. Kahit sa loob ng impeachment court na ito (Correcting a mistake is not prohibited, even within this impeachment court),” he added.

Ligutan was explaining why he posted on Facebook during the Aug. 12 hearing that misleading questions are prohibited even during cross-examination, a post later brought before the court by Duterte’s defense team.

He said he was concerned that an apparent statement in open court that misleading questions were permissible would be left uncorrected.

“That’s why I made that post. I was concerned that the statement made in open court — that misleading questions are allowed — will go unchecked. My teacher’s instinct kicked in,” Ligutan said.

Ligutan said he has practiced law for almost 16 years but has been a teacher and educator for nearly 20.

“Your Honors, yes, I am a lawyer, but more than just a lawyer, first and foremost, I am a teacher. Isa po akong guro. Usa ko ka maestro. And I am proud to be one,” he said.

“Ang pagtuturo, ang pagtatama ng mali, ay walang pinipiling lugar, at walang pinipiling panahon (Teaching and correcting a mistake don’t choose a place and time),” he added.

The dispute originated from an exchange between prosecution counsel Lorna Kapunan and defense counsel Kristine Ferrer during the Aug. 12 proceedings.

Kapunan initially referred to leading questions before correcting herself to misleading questions. Ferrer responded that “they are allowed,” an exchange that Ligutan said prompted concern among members of the legal community.

Ligutan subsequently posted: “A principle ALL lawyers and law students know by heart: Misleading questions are NOT allowed even on cross-examination.”

Lead defense counsel Shiela Sison later called the court’s attention to the post, arguing that Ferrer had been referring to leading questions and raising concerns about a prosecution lawyer making such a public statement while the trial was underway.

Before handing down the court’s Rule 18 guidelines Wednesday, Presiding Officer Sen. Francis “Chiz” Escudero clarified that the transcript could not fully reflect overlapping voices during the Aug. 12 exchange.

Escudero said Ferrer may have been responding to Kapunan’s original reference to leading questions rather than her subsequent correction to misleading questions.

He also reminded Ligutan that his role as an educator does not separate him from his obligations as counsel appearing before the impeachment court.

Escudero eventually gave those covered by the rule a clean slate for previous statements while warning that restrictions on public discussion of the merits would be strictly enforced from Wednesday onward.

Prosecution respects sub judice ruling, expects equal application

In response, the House prosecution team said it respects and will fully comply with the Senate impeachment court’s ruling strictly enforcing Rule 18 on public comments about the merits of the trial, while expecting its equal application to all covered, including Duterte.

“Unang-una, nirerespeto natin ang desisyon ng impeachment court tungkol dito sa pagpapatupad ng Rule 18, ’yung (First, we respect the decision of the impeachment court regarding the enforcement of Rule 18, the) sub judice rule,” House impeachment team adviser and spokesperson Robert Ace Barbers said at a press briefing.

“Of course, the prosecution panel will definitely comply with the directives of the impeachment court,” the former Surigao del Norte lawmaker added.

Barbers said the prosecution expects the same standard to govern everyone expressly covered by the rule.

“However, we also expect that this ruling, this Rule 18, must also apply to other parties, including the respondent,” he said, referring to Duterte.

Deputy Speaker Jefferson Khonghun of Zambales, said the prosecution would be watching how the stricter rule is implemented moving forward.

“Pag sinisita ’yung prosecution sa kanilang mga sinasabi, kailangan maging fair din na kailangang sitahin din ’yung mga nasasabi ng depensa. At siyempre, kailangan sitahin din kung ano ’yung sinasabi ng nasasakdal dito, in this case, is Vice President (If the prosecution is called out for their statements, they must also call out the statements of the defense to be fair. And of course, they should also call out the respondent, which, in this case, is the Vice President),” he added.

Barbers said the prosecution would use its designated spokespersons to continue explaining the proceedings to the public in observance to the restrictions imposed on lawyers who have formally entered their appearance before the court. (PNA)