Diokno: Decorum, not ‘kindness,’ should guide impeachment trial

MANILA – Courtroom proceedings should be guided by respect, decorum, and proper conduct, not by an expectation that opposing lawyers should be kind to one another, House of Representatives prosecutor and Akbayan party-list Rep. Chel Diokno said Thursday.

Diokno made the statement after Vice President Sara Duterte’s lawyers appealed for kindness during the Senate impeachment trial.

During Wednesday’s proceedings, Presiding Judge Senator Francis “Chiz” Escudero intervened during a heated exchange between prosecution counsel Lorna Kapunan and defense counsel Kristine Ferrer.

Drawing from his experience as a litigator, Diokno said parties in a case cannot demand favorable or gentle treatment from opposing counsel. They can, however, expect everyone to follow courtroom rules and respect the tribunal, opposing counsel, and witnesses.

“Of course, we all want kindness as a human virtue, but as far as court rules are concerned, ang importante ay masunod iyong (what’s important is to observe) court decorum and proper court behavior,” he said.

For Diokno, respect is a professional requirement that helps keep adversarial proceedings orderly despite disagreements among the parties.

“Ang pinaka-essence ng court decorum talaga ay respeto – respeto sa judge, respeto sa kalaban (The essence of courtroom decorum is really respect – respect for the judge and respect for the opposing counsel),” he said.

Diokno said the prosecution expects these standards to be observed throughout the impeachment trial and would call out anyone who violates proper courtroom decorum.

“That is what we are hoping and insisting will happen in this impeachment case, and we will always be ready to call out anyone who is not following proper court decorum,” he said.

He also expressed concern that law students watching the nationally televised proceedings could develop a distorted view of proper courtroom advocacy.

Diokno said raising one’s voice at opposing counsel does not strengthen an argument or determine whether a judge will accept it.

“Ang kailangan lang, matibay at solid ang argumento mo. Hindi naman pataasan ng boses ang court hearing (All that is needed is for your argument to be strong and solid. A court hearing is not a competition to see who can speak the loudest),” he said.

He also noted that lawyers should allow witnesses to finish answering before raising objections or seeking to have improper testimony stricken from the record.

“We should never interrupt a witness while they are speaking,” Diokno said.

He said such restraint protects a witness’s opportunity to complete an answer while preserving counsel’s right to challenge inadmissible or improper testimony.

He said the prosecution expects the same standards to be observed throughout the impeachment trial. (PNA)

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