Defense Masterclass: “Surgical” Counter-Offensive in Duterte’s Impeachment Trial

Defense Masterclass: “Surgical” Counter-Offensive in Duterte’s Impeachment Trial

By Bing Jabadan – TheNATIONWEEK.com | August 13, 2026

MANILA, Philippines – Day 15 of Vice President Sara Duterte’s impeachment trial showcased a brilliant display of legal strategy from the defense team, marked by a surgical deconstruction of the prosecution’s narrative and a forceful introduction of the Protective Intelligence Operations Reports (PIORs). The proceedings highlighted the defense’s meticulous preparation and intent to dismantle the accusations with precise, impactful arguments.

The core of the day’s drama unfolded in a sharp exchange between defense counsel Kristine Ferrer and prosecution counsel Lorna Kapunan. Ferrer, renowned for her expertise in complex corporate finance and tax law, masterfully leveraged the prosecution’s introduction of PIORs as an “open door.” She immediately adopted an offensive posture during cross-examination, using the very documents presented by the prosecution to affirm the Vice President’s confidential spending.

This move was met with an equally astute counter by Kapunan, who, recognizing the invitation, skillfully attempted to undermine the defense’s justification. Kapunan focused on the identity of the actors involved (VPSG), the nature of the activities described in the PIORs, and critically, the alleged absence of concrete evidence of success, aiming to draw adverse inferences from the same set of documents. This was a classic demonstration of trial combat: one side introduces evidence for a favorable interpretation, while the other exploits every potential adverse inference. The procedural surface of this intense legal duel was punctuated by objections over leading and misleading questions, underscoring the high-stakes tactical maneuvering.

A recurring theme throughout the trial, particularly evident on Day 15, was the persistent questioning of the Commission on Audit’s (COA) process completion. The introduction of PIORs prompted critical discussions on the distinction between legitimate intelligence gathering and routine administrative work, and what constitutes verifiable evidence of success in such operations. The proceedings also underscored the crucial need for accurate transcripts (TSN), emphasizing that witness testimonies must be based on recorded facts, not subjective interpretations. The trial has consistently revealed that errors arising from witness interpretations, rather than factual accounts, frequently become contentious points.

A Clash of Legal Titans: Ferrer vs. Kapunan

The day’s proceedings also cast a spotlight on the contrasting legal philosophies and career trajectories of the two prominent counsels: Kristine Ferrer and Lorna Kapunan.

Kristine Ferrer: A Paragon of Corporate and Tax Law

Kristine Ferrer stands as one of the nation’s most formidable tax lawyers, lauded by corporate legal experts for her legendary exploits in corporate finance. Her career is distinguished by a series of high-impact achievements:

Mighty Corporation Case

Ferrer spearheaded the legal defense for Mighty Corporation in its high-stakes battle against the Philippine government. Facing bankruptcy, criminal charges, and a staggering ₱39 billion in fines, Ferrer’s leadership led to an extraordinary outcome. She successfully negotiated the fines down to ₱25 billion, secured the owners’ freedom from incarceration, and subsequently brokered the company’s sale for ₱45 billion after obtaining all necessary clearances. This masterful display of damage control saved the company ₱13 billion, averted additional penalties, protected the owners from imprisonment, and ultimately allowed them to walk away with approximately ₱20 billion in cash – a textbook example of strategic criminal tax defense.

Pioneering Tax Refund Success

Ferrer achieved a rare and significant victory by successfully demanding and securing a ₱152.5 million tax refund from the government for her client before the Court of Appeals. In the Philippines, where the Bureau of Internal Revenue (BIR) strongly resists refunding funds once they enter government coffers, the overwhelming majority of judicial tax refund claims are denied or substantially reduced. Her success in reclaiming such a substantial sum directly from the state unequivocally solidifies her elite status in tax law.

Lorna Kapunan: A Veteran in High-Profile, Public Interest Litigation

In contrast to Ferrer’s deep specialization in corporate and tax law, Lorna Kapunan, with over five decades of legal experience, has carved a niche in high-profile, often controversial, public interest cases:

Janet Lim Napoles Defense

Kapunan briefly represented Janet Lim Napoles, a key figure in a major corruption scandal, though she withdrew from the case within two months due to internal legal team disagreements.

Philippine Airlines Gender Discrimination Case

 She was involved in the landmark gender discrimination case against Philippine Airlines.

Atio Castillo Hazing Case

Kapunan was notably involved in the Atio Castillo hazing case, where she was found guilty of unjust vexation for public statements made against the UST Civil Law Dean.

James Yap Visitation Rights

She represented James Yap in his visitation rights dispute concerning his child with Kris Aquino.

Hayden Kho Sex Scandal Video

Kapunan also took on the high-profile case involving the Hayden Kho sex scandal video.

Atong Ang Sabungero Case

More recently, she was involved in the “Sabungero” case with Atong Ang.

The contrast in their legal focus – Ferrer’s profound expertise in intricate financial and corporate law versus Kapunan’s engagement in broader, often sensational, public controversies – became a subtle undercurrent to their courtroom dynamic.

Professional Decorum Under Scrutiny: The “Misleading Questions” Controversy

The day’s proceedings also saw a sharp rebuke from lead defense lawyer Sheila Sison against private prosecutor Amando Ligutan. Sison castigated Ligutan for a social media post on his personal page, which she argued implicitly targeted defense counsel Kristine Ferrer regarding the “misleading questions” debate during cross-examination.

The contention arose during Ferrer’s cross-examination of state auditor Xylene Mae Del Campo concerning the Vice President’s confidential funds. Kapunan objected to Ferrer’s questioning style, arguing, “Misleading questions are not allowed on cross.” Ferrer, however, asserted, “They are allowed.”

Ligutan’s subsequent Facebook post, stating, “A principle ALL lawyers and law students know by heart: Misleading questions are NOT allowed even on cross-examination,” ignited the controversy.

In a powerful manifestation at the close of the day, Sison clarified that Ferrer had stated only that “leading questions are allowed on cross-examination, not misleading questions.” Sison expressed strong disapproval of Ligutan’s social media conduct, declaring, “We will not have this.” She emphasized the paramount importance of professional respect among members of the bar, even across opposing sides, as officers of the court. Sison deemed it “troubling” and “in bad taste” for Ligutan to publish such a statement mid-hearing, especially given the prohibition on lawyers commenting on case merits.

Trial presiding officer Francis Escudero intervened, disallowing Ligutan to respond immediately but assuring him an opportunity to do so before a ruling on the issue. In a post-trial interview, Ligutan maintained his post did not name anyone, arguing, “If they felt alluded to, that is on them.” He reiterated that “misleading questions are not allowed” and vowed not to delete his post, asserting it aligns with the Rules of Court.

The tension between Kapunan and Ferrer, characterized by moments of intense legal sparring and a memorable quip from Kapunan about “preventing myself from giving her a spanking,” was ultimately diffused by Escudero, who urged against letting a “generational divide increase tension in the courtroom.” Ferrer, for her part, expressed high respect for Kapunan, even considering her an idol.

Day 15 of the impeachment trial underscored the critical strategic depth of the defense, the contrasting but equally formidable legal prowess of its counsels, and the enduring importance of professional conduct amidst high-stakes legal combat. The proceedings left no doubt about the rigorous and impactful defense being mounted for Vice President Sara Duterte.

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