Some lawyers warned that Sen. Pia Cayetano could face disbarment after sharing a spliced video featuring Rep. Chel Diokno (Akbayan party-list) commenting on Vice President Sara Duterte‘s financial records.
Pia, who frequently cites her academic background as a law graduate of the University of the Philippines, drew backlash for posting a one-minute edited video on Facebook that appeared to suggest that the House prosecution panel in the impeachment proceedings was accusing Duterte without evidence.
Diokno, who is part of the House prosecution panel, was discussing in the video the prosecution’s request to subpoena Duterte’s financial records to support allegations that she had misstated her net worth.
He was responding to questions posed by Sen. Alan Peter Cayetano, Pia’s brother, who is serving as senator-judge in the impeachment proceedings.
The caption of the video read: “Nagbabakasakali lang? Walang mga ebidensya pero nag-aakusa na!”
The video was edited to remove Diokno’s response to Alan Peter’s question. It also featured a laugh track toward the end.
Diokno responded by posting what he actually said.
“With all due respect to the Senator-Judge at para hindi maligaw ang publiko, ito po ang konteksto at kumpleto na sinabi ko: ‘(Ang fishing expedition) ay maaaring sabihin nating nangyari kung only if the party requesting the evidence or documents ay nagbabakasakali lang, baka may makuha tayo dito,'” he said.
“Linawin ko po: Hindi tayo nagbabakasakali lang. May probable cause o sapat na dahilan na nakita sa mga record ng Anti-Money Laundering Council (AMLC) tungkol sa bilyun-bilyong dumaan sa accounts ng VP at kanyang asawa,” Diokno added.
“Hiningi natin ang bank records para makita kung tugma ito sa sinasabi ng AMLC reports. Tandaan: Ang bank records ay maaari lang mailabas kapag may utos o subpoena mula sa korte. Ibig sabihin, kung nabuksan ng Kamara ang mismong bank records bago ang trial, paglabag ‘yan sa karapatan at due process ni VP Sara Duterte,” he continued.
“Ngayong may subpoena na para sa bank records ng Bise Presidente, magagamit ito ng magkabilang panig para patunayan ang kanilang kaso. Sa ganitong paraan, makakapagpasya ang mga Senator-Judges batay sa kabuuan ng ebidensya,” the lawmaker added.
Pia’s duty as senator-judge
Meanwhile, Rep. Zia Alonto Adiong (Lanao del Sur), spokesperson for the House prosecution panel, called out Pia for posting the spliced video, citing her role as a senator-judge who is expected to remain impartial throughout the impeachment proceedings.
“A senator-judge must first listen to the entire case and weigh all the evidence before reaching any conclusion,” he was quoted as saying in Filipino.
Adiong added that Pia’s post also raised concern over a possible violation of the sub judice rule, which discourages public comments on the merits of a pending case.
“When you say the prosecution is accusing without evidence, it is difficult to argue that such a claim does not touch on the merits of a case still being heard by the impeachment court,” he said.
“It is not only actual impartiality that matters,” Adiong added.
“The public must also see that no judgment has been formed while the trial is still underway,” he said.
“A senator-judge is not counsel for either side. Their duty is to remain fair, keep an open mind, and decide only after hearing all the evidence,” Adiong continued.
Conduct as lawyer
Pia was also criticized by other Filipinos who said she could face disbarment for posting a spliced video.
“As a lawyer, pwede masuspend or disbar si Senatroll Pia Cayetano for spreading disinformation. #SpliceGirl,” an online user commented.
“Sabi nina lawyer friends Ruth Cervantes and Jo Clemente, ang ginawa ni Pia Cayetano may be among the grounds for disciplinary action (thanks for the clarification; malawak ito),” journalist Inday Espina-Varona wrote.
Espina-Varona cited provisions from the Code of Professional Responsibility and Accountability, which sets the ethical and professional standards for lawyers, as shared with her by her lawyer friends.
“CPRA, Canon II (Propriety), under the provisions on the Responsible Use of Social Media, provides: A lawyer shall uphold the dignity of the legal profession in all social media interactions in a manner that enhances the people’s confidence in the legal system, as well as promote its responsible use,” Espina-Varona said.
“Section 36. Responsible use. — A lawyer shall have the duty to understand the benefits, risks, and ethical implications associated with the use of social media,” she added.
“Section 38. Non-posting of false or unverified statements, disinformation. — A lawyer shall not knowingly or maliciously post, share, upload or otherwise disseminate false or unverified statements, claims, or commit any other act of disinformation,” the journalist continued.
“Dagdag ni Jo: Complaint can filed before IBPs Commission on Bar Discipline… after investigation, findings and recommendation are submitted to the Supreme Court for appropriate action. (Splicing to present something out of context IS disinformation.),” Espina-Varona said.
IBP refers to the Integrated Bar of the Philippines, the unified organization of all practicing lawyers in the country.
Political scientist Antonio Contreras also said Pia could face disbarment by the Supreme Court over her actions, citing Section 38 of the CPRA.
“Malinaw ang Section 38 ng Code of Professional Responsibility and Accountability: bawal sa lawyer ang knowingly or maliciously disseminating false or unverified statements at ang anumang act of disinformation,” he wrote.
“Hindi kayang i-disbar ng Senado si Pia; Supreme Court lamang ang may kapangyarihang gawin iyon. Pero dapat siyang i-censure ng Senado at i-refer sa Ethics Committee. Dapat ding magsampa ng kaukulang administrative complaint laban sa kanya. Kapag napatunayang knowingly or maliciously niyang ginamit ang spliced video para linlangin ang publiko, she should be disbarred,” Contreras added.
The CPRA’s preamble states that lawyers who fail to comply with the code may face sanctions.
