Luistro defends prosecution after Padilla says panel should not be 'one-sided'; Kapunan apologizes

Batangas Rep. Gerville Luistro, the lead prosecutor in the impeachment trial of Vice President Sara Duterte, said it was the prosecution's job to establish the case against the respondent, adding that it would be more irregular if the panel were neutral.

Luistro said this in a news conference after Senator-Judge Robin Padilla said in the impeachment court that the prosecution should not be "one-sided" after Luistro said convictions were only grounds for disqualification if they were already final and involved crimes punishable by one year in prison.

Private prosecutor Atty. Lorna Kapunan, on the other hand, apologized to Padilla, admitting that she was one of those who reacted in court after the senator-judge said the prosecution should not be skewed in citing the rules.

Padilla apparently took exception to the reactions and pointed them out to the presiding officer, Senator-Judge Francis Escudero.

“Kaya merong prosecution, is to establish the case. Kaya may defense is to defend the innocence of the respondent. So it is very much anticipated that the prosecution is biased towards presenting the case, presenting the evidence,” Luistro said in a news briefing after the week's last hearing date.

“Siguro, mas nakakapagtaka kapag naging neutral ang prosecution at lalong nakakapagtaka kung ide-defend namin ‘yung respondent,” she added.

(That is why there is a prosecution, to establish the case. That is why there is a defense, to defend the innocence of the respondent. So it is very much anticipated that the prosecution is biased toward presenting the case and the evidence. Perhaps it would be more surprising if the prosecution were neutral, and even more surprising if we were the ones defending the respondent.)

Padilla, in his interjection, asked the prosecution to refrain from presenting witnesses with perjury cases, citing National Bureau of Investigation agents John Mark Calilung and Jeremy Lotoc, whom he said had those issued.

Luistro took exception to Padilla's remarks, saying Calilung and Lotoc had no perjury charges. She then said convictions were not grounds for disqualification.

“Napakaganda po ng sagot niyo. Sana hindi po one-sided ang prosecution,” Padilla added, earning reaction from the audience.

(You have a very good answer. I hope the prosecution is not one-sided.)

Following Padilla’s remark, there appeared to be a commotion within the plenary. He said that the ones in the front row are prohibited from “commenting.”

“Hindi po sila allowed mag ingay. Korte po ito,” he said.

(They are not allowed to be noisy. This is a court.)

Kapunan later apologized to the senator, saying she and others in the front row were scolded.

“May I use this opportunity to apologize to Senator Judge Robin. There was no intent to disrespect him Kaya lang syempre kapag lawyer ka at nasa litigation ka, e-emote ka eh… hindi naman emote na drama,” she said.

(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.)

Kapunan said it was an “instictive reaction” and there was “no intent to disrespect him.”

“Senator Robin sabi mo kaibigan tayo, forgive na lang. Hindi na kami uulit diyan,” she said.

(Senator Robin, you said we’re friends, forgive us instead. We won’t do that again.)

She also said that sometimes the impeachment hearings are black and white.

“We are very appreciative that Senator Robin always brings color and surprise and excitement, especially, if he’s the last one to manifest. Nagigising po kaming lahat,” Kapunan said.

(We are very appreciative that Senator Robin always brings color and surprise and excitement, especially if he’s the last one to manifest. We all wake up.)

Kapunan later added that the “prosecution really is for the prosecution and the defense is for the defense.”—NB, GMA News