Witnesses at Vice President Sara Duterte’s impeachment trial are prohibited from possessing or accessing earpieces, mobile phones, smartwatches, and similar communication devices while testifying, Sen. Francis Escudero, the impeachment court presiding officer, warned on Tuesday.
Escudero issued the directive after announcing the court’s finding that a viral image allegedly showing witness Lemuel Ortoni, Office of the Vice President assistant secretary and assistant chief of staff, wearing an earpiece was AI-generated and false.
On Day 20 of the trial, Escudero said he made the announcement, even before the testimony of the next witness, to correct misinformation about Ortonio and to establish a clear rule against coaching or outside influence during testimony.
‘After Mr. Ortonio testified before this court, an image of him allegedly wearing an earpiece was widely circulated on the internet,’ Escudero said.
‘We take this opportunity after verification that it was an AI-generated image and simply false,’ he added. ‘What he had was a front-fold helix, an ear piercing in the front-fold helix of his ear, not an earpiece.’
He did not identify who created or circulated the image but directed the finding to be put on the record to prevent the image from being used as proof of misconduct by Ortonio or any party in the trial.
The false image circulated on social media, suggesting that Ortonio might have been getting coached while on the witness stand.
At the same time, Escudero stressed that the incident required a uniform preventive rule for all succeeding witnesses.
‘Every witness must testify solely from his or her own knowledge, free from coaching or influence from counsel or any other person,’ he said.
Basis of the directive
According to a House statement on Tuesday, Escudero anchored his directive by analogy to a provision in Supreme Court Administrative Matter No. 24-11-02-SC, which bans the use of cellphones, tablets, and similar gadgets or materials during virtual hearings to prevent coaching and disruption.
Escudero also cited a US Supreme Court case – Villarreal v. Texas – which discussed limits on attorney communications that could shape a witness’s ongoing testimony, including communication through an earpiece while the witness is testifying.
He further cited a 2010 Florida appellate case – Sky Development Inc. v. Vistaview Development Inc. – which involved attempts to influence a witness through a written note and text messages during deposition and trial.
Escudero then enumerated the devices covered by the new directive.
‘Accordingly, no witness while testifying shall possess, have access to, or use any earpiece, headset, cell phone, smartwatch, smart glasses, or any other similar device capable of transmitting or receiving information or communication,’ he ruled.
The order also applies to any effort to get help from another person while testimony remains unfinished.
‘Witnesses are also prohibited from receiving or attempting to receive any communication, suggestion, answer, signal, message, or prompt from any person, whether inside or outside this court, regardless of the means employed,’ Escudero said.
The prohibition shall remain in force during recesses and until the witness is formally discharged by the court,’ he added.