Prosecution defends 'biased' stance in impeachment trial; lawyer apologizes

Batangas Rep. Gerville Luistro, the lead prosecutor in the impeachment trial of Vice President Sara Duterte, stated that the prosecution's duty is to establish the case against the respondent, and that a neutral panel would be more irregular. Luistro made these remarks during a news conference following an interjection by Senator-Judge Robin Padilla, who suggested the prosecution should not be 'one-sided.' Luistro clarified that the prosecution's role is to present the case and evidence, while the defense is tasked with proving the respondent's innocence. "So it is very much anticipated that the prosecution is biased towards presenting the case and the evidence," she said. "Perhaps it would be more surprising if the prosecution were neutral, and even more surprising if we were the ones defending the respondent." Padilla had previously asked the prosecution to refrain from presenting witnesses with perjury cases. Luistro countered this, asserting that the witnesses in question had no perjury charges. She also reiterated that convictions are not grounds for disqualification unless they are final and involve crimes punishable by one year in prison. Padilla's comment, "I hope the prosecution is not one-sided," reportedly drew reactions from the audience, leading him to admonish them, stating, "This is a court, you are not allowed to be noisy." Following the incident, private prosecutor Atty. Lorna Kapunan apologized to Senator-Judge Padilla. "May I use this opportunity to apologize to Senator Judge Robin. There was no intent to disrespect him. It’s just that, of course, when you’re a lawyer and you’re in litigation, you become emotionally invested... not emotional in the sense of putting on a drama," she explained. Kapunan described the reaction as an "instinctive reaction" and emphasized the lack of intent to disrespect him. She further expressed appreciation for Senator Padilla, noting that he "always brings color and surprise and excitement" to the proceedings, which helps "wake everyone up." This exchange highlights the dynamic and sometimes contentious nature of impeachment proceedings in the Philippines, where legal arguments often intersect with political considerations and emotional responses from legal practitioners.