Private prosecutor Benjamin “Jay” Tolosa Jr. on Wednesday warned that an edited video shared through Senator-judge Pia Cayetano’s social media account could create a perception that members of the Senate impeachment court had apparently prejudged the prosecution’s case.
In a press briefing at the Senate, Tolosa described the post as “concerning and alarming” because it could give the public a misleading impression of Prosecutor and Akbayan Party-list Rep. Chel Diokno’s arguments concerning the requested bank records of Vice President Sara Duterte.
“Ang collective na opinion ng prosecution panel: ito ay nakababahala (The collective opinion of the prosecution panel is that it’s alarming). This is very concerning and alarming,” Tolosa said.
The video contained edited excerpts from the oral arguments and an overlay stating: “Nagbabakasakali lang? Walang mga ebidensya pero nag-aakusa na (Just taking a chance? No evidence but they are already accusing)!”
Tolosa said the concern went beyond whether viewers received an inaccurate account of what transpired.
“Mas nakakabahala dito ay baka magbigay ito ng impression sa ating mga kababayan na may members ng Impeachment Court na nagkaroon na ng pre-judgment (What is more alarming here is that it might give the impression to the people that there are members of the impeachment court that had a pre-judgement),” he said.
“This is very dangerous because it could erode the people’s confidence and trust in our institutions, and no less than this Senate impeachment court,” he added.
Tolosa clarified that Diokno was explaining the legal concept of a fishing expedition, not admitting that the prosecution was merely hoping to discover evidence.
He said the prosecution had identified the accounts, branches, and records sought based on information previously reflected in Anti-Money Laundering Council reports.
He, nevertheless, declined to accuse Cayetano or any member of her staff of deliberately misleading the public.
“We don’t want to put any specific member of the Impeachment Court on the spot. We don’t want to call them out, and we don’t want to ascribe any negative intentions on the part of anyone,” Tolosa said.
“Baka (Maybe) it was a clerical error made by the staff,” he added. “Let’s give them the benefit of the doubt.”
House impeachment adviser Robert “Ace” Barbers similarly said the prosecution did not want to pass judgment on Cayetano’s intentions, noting that the post could have resulted from an oversight or lapse in judgment by staff handling the account.
Tolosa also categorically ruled out seeking Cayetano’s inhibition.
“No, we’re not asking anyone to voluntarily inhibit themselves,” he said.
Tolosa said the prosecution expected all senator-judges to observe their oath and decide the case solely on the law, facts, and evidence presented in court.
“Hindi sapat (It is not enough) that they should be impartial. They should also show the appearance of impartiality.” (PNA)