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New impeachment prosecutor explains why 'kinain ng kalaban' claim makes zero sense
Philippines
National
New impeachment prosecutor explains why 'kinain ng kalaban' claim makes zero sense
New impeachment prosecutor explains why 'kinain ng kalaban' claim makes zero sense
Published Jun 22, 2026 02:16 pm
At A Glance
- Lawyer Benjamin Tolosa Jr. says it is impossible to claim either side won during the June 18 pre‑trial conference since no rulings are made in a PTC.
- He noted Rep. Gerville Luistro quickly blocked the defense's attempt to raise the two‑thirds voting threshold issue.
- Tolosa added the prosecution marked evidence for two impeachment articles and continued preparing proof on confidential funds misuse and unexplained wealth ahead of the July 6 trial.
Lawyer Benjamin Tolosa Jr. (Screenshot from Facebook live)
Lawyer Benjamin Tolosa Jr. says it makes no sense to claim that the defense got the better of the prosecution during--of all things--a pre-trial conference (PTC) for Vice President Sara Duterte's upcoming Senate impeachment trial.
Tolosa--who was introduced as the newest member of the House prosecution panel during a press conference at the Senate Monday, June 22--explained that there was no basis for competition in a PTC.
“You know, it’s normal, of course, for parties to claim that they got the upper hand in any particular hearing. But to properly address that, let’s stick to the facts,” Tolosa, a private prosecutor, said.
He says claims that either side emerged victorious from the proceedings ignore the nature of a PTC, where no substantive rulings are made.
“When you say ‘kinain ng kalaban,’ (eaten by the enemy) what does that mean? It means someone got an upper hand compared to the other,” he said.
“But that’s impossible. Why? Because the clerk of the impeachment court cannot even make any rulings. So that’s factually impossible,” the lawyer further said.
Last June 18, a closed-door PTC was held at the Senate between the prosecution and the defense teams. The proceedings--which serve as a precursor to the trial--was held behind closed doors
After the conference, a report came out that lead prosecutor Batangas 2nd district Rep. Gerville "Jinky Bitrics" Luistro was "eaten alive" by impeached Vice President Duterte's lead defense counsel, lawyer Sheila Sison.
What actually happened according to Tolosa was that the prosecution achieved its objective of ensuring that the proceedings moved forward without delay.
“What I can say also factually is that we were able to secure or successfully achieve our goal. What is that? To ensure that the pre-trial would proceed in an expeditious manner.”
Tolosa said the defense attempted at the start of the conference to raise the issue of the required two-thirds voting threshold and argued that it should first be resolved before the pre-trial could continue.
“Right at the start of the pre-trial conference, there was an attempt on the defense to raise an issue regarding the two-thirds threshold, to pose this as something that must be resolved before pre-trial could commence,” he said.
“And that is something that was quickly shot down by Congresswoman Luistro,” he said.
Tolosa said the prosecution was then able to complete the marking of evidence for two articles of impeachment and continued work on the remaining articles.
The House prosecution panel is currently working on the documentary evidence for the articles involving the alleged misuse of confidential funds and unexplained wealth.
The prosecutors have repeatedly said they are focused on completing the pre-trial process ahead of the July 6 start of the impeachment trial.
The second closed-door PTC at the Senate is ongoing as of this posting.