Senator-judge Alan Peter Cayetano urged his fellow senator-judges to avoid asking questions that could affect fairness on Vice President Sara Duterte’s impeachment trial, saying even well-intentioned questions may unintentionally influence the proceedings.
Cayetano made the remark after the impeachment court discussed Tuesday’s exchange involving a question from Senator-judge Risa Hontiveros that prompted private prosecutor Amando Virgil Ligutan to deliver what some senator-judges described as a closing argument ahead of time.
To address the issue, Presiding Officer Francis Escudero allowed the defense to respond with the same amount of time given to the prosecution.
Cayetano said he accepts the presiding officer’s ruling but stressed that similar questions should no longer be asked because they could give one side an advantage.
Throughout the first week of the impeachment trial, Cayetano consistently emphasized adherence to the Senate’s rules and due process, saying these are essential to ensuring a fair and credible trial, a position he has vowed to uphold as the proceedings continue.
“Prudence dictates that we stop ourselves from asking certain questions that can prejudice the whole trial whether or not our intention is to do so,” he said.
Cayetano said the way a senator-judge frames a question could already favor either the prosecution or the defense.
He acknowledged that being a senator-judge comes with the reality that whatever they say during the proceedings could be viewed as lawyering for one side or the other.
What should be avoided, he stressed, are questions that could give either party an unfair advantage or affect the fairness of the trial.
As an example, he said it would also be unfair if a senator-judge asked the prosecution to explain why the impeachment case was merely a political vendetta or why Congress was investigating Vice President Duterte instead of flood control projects.
“When we ask the questions, we will make sure it doesn’t prejudice the whole trial. Whatever we say here, there will be accusations of lawyering for the prosecution or defense, OK lang iyon,” he said.
He also urged the impeachment court to give both the prosecution and the defense enough room to present their positions as long as it does not affect the integrity of the proceedings.
“Let’s give each other leeway, but only to the point that the trial will not disintegrate into a political fiasco or circus,” he said.