Warning that statements made in court can quickly spread on social media and potentially shape public opinion before the impeachment court reaches a decision, the defense team of Vice President Sara Duterte has raised concerns over the use of “suggestive terms” during her impeachment trial.

During a press briefing on Aug. 25, defense spokesperson Michael Poa said the pervasive influence of social media distinguishes Duterte's impeachment proceedings from trials held in previous years.

“Kung iko-compare natin sa nakaraan impeachment trials, hindi pa ganoon ginagamit yung social media noong mga panahon noon (If we compare this with previous years, social media was not used as extensively then) as compared to now — everything that happens is on social media,” Poa said.

Poa said certain words or statements can continue circulating publicly even after they have been withdrawn or ordered stricken from the record.

“So sabi nga nila (as they say), if certain words are uttered, even if it's withdrawn or stricken off the record, it takes a life of its own,” he said.

He said the defense wants to prevent statements made during the trial from creating conclusions not only among those involved in the proceedings but also among members of the public closely following Duterte's impeachment case.

Poa acknowledged that lawyers on both sides may sometimes employ strategies during questioning, including asking questions that are later withdrawn.

“Sometimes, may mga strategy kaming mga abogado. Kahit sa defense naman, meron din kaming mga tinatanong at wini-withdraw (Lawyers have strategies. Even on the defense side, there are questions that we ask and later withdraw),” he said. “I think it's part of lawyering, in a way,” he added.

However, Poa said Duterte's legal team is exercising particular caution to protect the Vice President's rights against possible prejudgment or what he described as “mind conditioning.”

“But in this case, we just wanted to be careful because we also want to protect the rights of our client as to pre-judgment or mind conditioning. Yun yung mga gusto nating iwasan (Those are the things we want to avoid),” he said.

Poa added that the defense is also committed to avoiding tactics that could contribute to prejudgment.

“Kahit tayo sa defense, we commit na iiwasan natin na gumawa ng ganyang klaseng mga bagay (Even on the defense side, we commit to avoiding those kinds of things),” he said.

The issue of the language used by lawyers during the proceedings has repeatedly surfaced in Duterte's impeachment trial, with the Senate impeachment court presiding officer, Sen. Francis “Chiz” Escudero, earlier warning counsel against crossing the line in their public comments and courtroom exchanges.

On Day 18 of the trial on Aug. 25, Escudero sustained objections to questions by private prosecutor Mae Divinagracia that used terms such as “scam,” “architect,” and “mastermind” in connection with allegations involving the alleged misuse of confidential funds by the Office of the Vice President.

Some of the remarks were ordered stricken from the record, and the prosecutor was directed to reformulate her questions using more appropriate language. The presiding officer also reminded lawyers from both sides about public statements regarding the merits of the case, reminding counsel that such comments are prohibited under the impeachment rules.

Tensions over courtroom conduct had also surfaced in earlier proceedings involving prosecution counsel Lorna Kapunan and defense lawyer Kristine Ferrer, prompting Escudero to intervene and urge both sides to lower the temperature. Ferrer had likewise asked the impeachment court to prevent side comments that she said had no place in a professional courtroom.

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Poa said that while strategic questioning can be part of legal practice, the defense would exercise restraint because statements made during the proceedings could shape public perception before the impeachment court renders its decision.

The controversy over lawyers' public remarks is expected to remain under scrutiny, with House prosecution counsel Amando Virgil Ligutan expected to explain his reported public statements related to Duterte's impeachment trial on Wednesday, Aug. 26.

The matter stems from a manifestation by defense lead counsel Sheila Sison on Aug. 12, which called attention to a social media post by Ligutan that appeared to refer to a statement made by Ferrer during her cross-examination of state auditor Xylene del Campo on the same day.

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After Ligutan's oral statement, Escudero is expected to rule on the matter.

Poa said the defense will wait for the impeachment court's ruling and assess how to address concerns about potentially suggestive language.

“Let's wait for the ruling and let's see how it can somehow fix that issue for us,” Poa said.

The impeachment court is then set to continue hearing allegations against Duterte involving the alleged misuse of confidential funds.

The House prosecution's second hostile witness, Office of the Vice President Assistant Chief of Staff Lemuel Ortonio, is scheduled to undergo cross-examination by Ferrer.