A brief courtroom exchange on the 15th day of Vice President Sara Duterte’s impeachment trial turned into one of the most talked-about moments online this week, after defense lawyer Kristine Ferrer told a veteran prosecutor that misleading questions are permitted during cross-examination.
The remark drew a swift objection, a public rebuke on social media, and a warning from the presiding officer that he was preparing a formal ruling on how participants behave outside the courtroom.
The exchange happened Wednesday, August 12, 2026, while Ferrer was cross-examining Commission on Audit state auditor Xylene Mae del Campo, who testified on the alleged irregular use of confidential funds by the Office of the Vice President. Private prosecutor Lorna Kapunan, 74, objected to the line of questioning, stating that misleading questions are not allowed on cross. Ferrer, who is in her 30s, replied that they are allowed.
“I don’t think I need to lecture you about that,” Kapunan said, prompting Senator Francis Escudero to step in. The presiding officer attributed the tension to a “generational divide” between the two lawyers and asked both sides to temper their words.
Clips of the back-and-forth spread quickly on Filipino social media, with users debating whether the younger lawyer had misspoken on a basic rule of evidence.
The controversy widened when private prosecutor Amando Virgil Ligutan posted on Facebook that a principle all lawyers and law students know by heart is that misleading questions are not allowed even on cross-examination. Ligutan did not name anyone in the post.
Lead defense counsel Sheila Sison condemned the post before the trial adjourned, saying she found it troubling that a private prosecutor would do this in the middle of a courtroom hearing. She argued the post violated Rule 18 of the impeachment rules, which bars participants from publicly commenting on the merits of the case, and called it “in bad taste” toward a fellow member of the Bar. Sison also clarified that Ferrer had meant leading questions are allowed on cross-examination, not misleading ones.
That defense was quickly challenged. Bicol Saro party-list Representative Terry Ridon urged Sison to stop “gaslighting” the public, saying the official transcripts of Wednesday’s proceedings show that Ferrer did in fact say misleading questions were allowed.
Ligutan, for his part, refused to take down his post. In a chance interview after the hearing, the Cebu-based lawyer said he would not delete it because it reflects what is stated in the Rules of Court, comparing the principle to the certainty that one plus one equals two.
On the underlying legal point, the prosecution’s position aligns with the rules. Section 10 of Rule 132 of the Rules of Evidence does not permit misleading questions to witnesses. The prohibition applies even during cross-examination, which does allow leading questions—the likely source of the confusion.
Escudero indicated he was already drafting a ruling and a warning over public statements tied to the trial, saying one side had crossed the line repeatedly. He said Ligutan will be given the chance to be heard on Monday, August 17, before the court decides on the matter.
