Prosecutor Warns Edited Video May Influence Perception of Senate Impeachment Court

Manila: Private prosecutor Benjamin 'Jay' Tolosa Jr. has raised concerns about an edited video shared on Senator-judge Pia Cayetano's social media account, warning that it could create a perception that Senate impeachment court members had prejudged the prosecution's case.

According to Philippines News Agency, Tolosa expressed alarm during a Senate press briefing, stating that the video could mislead the public regarding Prosecutor and Akbayan Party-list Rep. Chel Diokno's arguments about the requested bank records of Vice President Sara Duterte. The video featured edited excerpts from oral arguments with an overlay suggesting accusations were made without evidence.

Tolosa emphasized that the concern extends beyond viewers receiving an inaccurate account of events. He warned that the video might give the public the impression that some impeachment court members had already formed a judgment, which could undermine public confidence in the Senate impeachment court.

He clarified that Diokno was explaining the legal concept of a fishing expedition and was not admitting that the prosecution was merely hoping to uncover evidence. The prosecution had based its requests for accounts and records on information from Anti-Money Laundering Council reports.

Tolosa refrained from accusing Cayetano or her staff of deliberately misleading the public, suggesting instead that the video post could have been an error by staff. House impeachment adviser Robert 'Ace' Barbers echoed this sentiment, suggesting the post might have resulted from oversight or lapse in judgment.

Tolosa ruled out seeking Cayetano's inhibition from the case, emphasizing the expectation that all senator-judges would adhere to their oath and decide the case based solely on law, facts, and evidence. He stressed the importance of not only impartiality but also the appearance of impartiality among the judges.