Impeachment Trial Must Follow Rules on Threat Testimony

Senator-Judge Alan Peter Cayetano pressed the impeachment court to establish whether the witness had previously testified about alleged threats by Vice President Sara Duterte against the President, former Speaker, and First Lady. He urged the court to follow the rules on leading questions and first allow the witness to lay the basis and identify what was contained in the video before being asked specific questions about the alleged threats.
Transcript

SENATOR-JUDGE ALAN PETER CAYETANO:

(0:00:02) Mr. Presiding Officer, may I know from the records, is this the first time that the witness mentioned that the vice president uttered threats against the president, the former speaker, and the first lady? 

NBI SENIOR AGENT CALILUNG:

(0:00:18) Your Honor, if I may, there was no mention at all. 

SENATOR-JUDGE ALAN PETER CAYETANO:

(0:00:22) Because if it’s the first time, precisely the rule says that you cannot allow leading questions. Whether it’s from the judges, whether it’s from the presiding officer, or from the defense. So meaning, you lay the basis. Simply, you ask him, ano yung laman ng video? Pag binanggit na niya na may ganito sa laman ng video, then you can ask him directly what parts. 

(0:00:48) So all of us want to expedite it, but let’s follow the rules. So that’s why I’m asking, has this witness this afternoon, I don’t…I missed a portion because I have a headache and I had to eat before I drink medicine, but I was watching sa TV. But hindi ko pa narinig na sinabi niya to. Kasi kung hindi pa niya sinabi, Mr. Presiding Officer, can we just follow the rules and just lay the basis, ask him ko ano laman ng video?

(0:01:13) Let him testify, tapos pag binanggit niya, then you can ask him, hindi na siya leading. But we shouldn’t really ask leading questions because we’ll violate the rules. So excuse me, but I’ll just be very particular when it comes to the rules. And it’s not against any group. 

PRESIDING SENATOR-JUDGE ESCUDERO:

(0:01:28) Senator-Judge Cayetano, it will take some time before we can quote-unquote appeal to the records. I’m trying to have them get it. But in lieu of that, that’s why the chair tried to intervene. Can counsel kindly lay the basis?

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