Duterte trial: Luistro protests ‘persecution’ remark by defense counsel

MANILA, Philippines — Lead prosecutor and Batangas Rep. Gerville Luistro on Tuesday objected to the defense’s repeated use of the word “persecution” during the impeachment trial of Vice President Sara Duterte, saying it was unfair to those helping the prosecution team.

Defense lead impeachment counsel Sheila Sison first mentioned “persecution” while discussing the new trial schedule, which is set to resume on November 9.

“This court had given [the] schedule of the resumption of hearings starting from November 9, 10, 11 onwards. But I presume that this is, of course, without prejudice to the ruling of this court on the offer of the prosecution…” Sison said.

“And so I would take that the November 9 schedule resumption of hearing is not really to presume that the prosecution or persecution of the respondent will continue on set dates…” she added.

Upon hearing this, Luistro asked the court to recognize her so she could respond to the remark, but Presiding Officer Francis “Chiz” Escudero told her to let the defense counsel finish her manifestation.

Sison said she expected the prosecution to object to the term “persecution,” but stood by its use, saying it was part of the records of the impeachment case.

In Duterte’s answer to the impeachment case, the phrase “modern-day persecution” was used to describe the impeachment hearings conducted by the House of Representatives, the defense lawyer pointed out.

Luistro later moved to strike the word “persecution,” which she said had been used three times by the defense.

“On the use of persecution, we take offense to that. It is totally unfair on the part of the volunteer lawyers who are leaving their private practice just to be here, support the public prosecutors. It is totally unfair for all the people helping the prosecution team exhibit their dedication and hard work in preparing and presenting evidence before the impeachment court,” she said.

“As a matter of fact, Your Honor, it has been the observation of the prosecution that while the impeachment court is giving a very wide latitude to the defense, they seem to forget already decorum and courtesy which must be extended not only to the prosecution but to the honorable impeachment court most especially,” the prosecutor further said.

Sison initially objected to the motion but later said she would no longer dignify it.

Still, Escudero ruled to retain the defense lawyer’s “persecution” remark.

“Given that persecution was indeed mentioned, I had it checked in the answer of the respondent, let it remain because per se it is not against the prosecution but merely descriptive from the point of view of the respondent what they think or what their view is in regard to the complaint filed against their client. The motion is denied,” the presiding officer said.

READ: Impeachment court approves prosec’s move to drop 3 of 4 charges vs VP

The exchange between the two counsels occurred after the court approved the prosecution’s move to drop three of the four articles of impeachment against Duterte.

This leaves the prosecution with only one article of impeachment, which pertains to Duterte’s alleged unexplained wealth, undeclared assets, and failure to divest herself of her business interests. /mcm