By Benjamin Cuaresma
MANILA, Philippines — Senate impeachment court Presiding Officer Francis “Chiz” Escudero has imposed a sweeping ban on electronic communication devices for witnesses in Vice President Sara Duterte’s impeachment trial after a manipulated image falsely suggested that a key witness was wearing an earpiece while testifying.
Escudero issued the directive on Tuesday, Sept. 1, after addressing a viral image purportedly showing Office of the Vice President Assistant Secretary and Assistant Chief of Staff Lemuel Ortonio wearing a wireless earpiece during his testimony.
The presiding officer said the image had been verified as artificially generated and was “simply false.”
Escudero clarified that what appeared in the photograph to be an electronic listening device was actually a small ear piercing located on the front-fold helix of Ortonio’s ear.
The image had circulated online after Ortonio testified as a hostile witness in the impeachment proceedings concerning the alleged misuse of confidential funds by the Office of the Vice President. The altered photograph prompted speculation on social media that Ortonio might have been receiving instructions or coaching while answering questions from the prosecution.
Independent fact-checking by VERA Files likewise found the image to be AI-manipulated. It compared the circulating image with clearer photographs taken during Ortonio’s Aug. 25 and 26 appearances and found that the object on his ear was a small piercing, not an earpiece. The fact-checking organization also subjected the image to an AI-detection tool, which indicated a 99.9% likelihood of AI manipulation.
While clearing Ortonio of any wrongdoing based on the image, Escudero said the controversy underscored the need for a clear preventive rule to protect the integrity of witness testimony.
“Every witness must testify solely from his or her own knowledge, free from coaching or influence from counsel or any other person,” Escudero said.
Under the new directive, witnesses are prohibited from possessing, accessing or using earpieces, headsets, mobile phones, smartwatches, smart glasses or any other device capable of transmitting or receiving information or communications while testifying.
They are likewise barred from receiving or attempting to receive any communication, suggestion, answer, signal, message or prompt from anyone inside or outside the courtroom.
The restriction extends through recesses and remains in effect until the witness is formally discharged from the proceedings.
Escudero also ordered the clerk of court to secure prohibited devices before witnesses are sworn in and to obtain their confirmation on the record that they understand and will comply with the rule.
Exceptions may be granted for necessary medical, accessibility, interpretation or evidentiary devices, but these would require prior approval from the presiding officer.
Escudero said the court need not wait for an actual instance of witness coaching before establishing safeguards, stressing that once testimony is compromised, damage to the truth-seeking process could be difficult to reverse.
The controversy centered on Ortonio, who appeared before the impeachment court on Aug. 25 and 26 in connection with allegations involving the OVP’s confidential funds. His testimony included questions concerning the processing and handling of hundreds of millions of pesos in confidential funds.
The Senate impeachment court’s action therefore came not from a finding that Ortonio had used an earpiece, but from the need to prevent similar allegations and potential communication violations from affecting succeeding witnesses.
The ruling took effect immediately and applies to witnesses appearing before the impeachment court in the ongoing trial.
ia/’xf
