Private Prosecutor Vitaliano Aguirre was escorted outside the session hall after Senator Judge Miriam Santiago exploded and approached Vitaliano Aguirre on his reply that the Senators high pitch voice was annoying him that is why he covered his ears while the Senator Judge was making a manifestation. “Sumasakit na ang tenga ko” was the reply of Aguirre to the questions raised by Senator Judge Jinggoy Estrada and Presiding Judge Enrile.
Utter defiance was shown by the private prosecutor for judge Santiago by covering his ears and this was a total breach of proper decorum and ethics.
It was Senator Judge Estrada who accosted the private prosecutor by asking lead prosecutor Tupas to identify the lawyer who failed to practice utmost tolerance for covering his ears. Senator Judge Estrada pointed out that Senator Judge Cayetano was taking a video of it. Instead of apologizing as goaded by Tupas, Vitaliano Aguirre continued to express his contempt for the Senator Judge.
Dean Amado Valdez, who is a commentator on the impeachment trial showed partiality for the prosecution by claiming that Senator Judge Santiago was delaying the impeachment procedure. He further stated that if he were part of the trial he would have imagined himself going against Miriam and imaging what he would do if placed at the same position. If he were there what he would have done could be worse based on the lambasting that she gave the prosecution. However, he ended by saying that Miriam is still a Senator and should be accorded the proper respect. Farinas, another prosecutor stood earlier to manifest the striking out the word GAGO from the manifestation of Senator Santiago to which the Senator amiably agreed.
The actions of the private prosecutor Aguirre gives a signal of what the prosecution may do in terms of hearing a judgement by the impeachment court against them. Aguirre should have realized that he placed the position of the prosecution team at a more precarious light given their recent withdrawal of 5 articles from impeachment complaint.
There is currently a pending contempt motion against Aguirre as manifested by Judge Miriam “DRED” Santiago. When Aguirre continued to display arrogance and disrespect, Santiago approached him and harangued him while Enrile banged the gavel and called for a recess. Senator Judge Pia Cayetano moved to second the motion and moved that he be excluded from the impeachment trial.
Tupas sent the private prosecutor out knowing that he had made a big mistake. Enrile noted that everybody should respect each other considering the passions, heat and emotions that will rise in the proceedings. Today we have seen disrespect from the prosecution, a member of the bar. We were taught to practice a behaviour of utmost respect. I cannot tolerate any disrespect to any members of this court! There is a ground for contempt he said and when Farinas tried to interrupt Enrile banged the gavel and told to seat down!
Farinas expressed his regrets most specially to the lady Senator from Iloilo. Enrile accepted the apology but noted that they will have to cite Aguirre for contempt. We will no longer tolerate any behaviour of this nature, and if you think that you are better than us, you are entitled to your opinion, but will not tolerate any further actions of this nature.
Enrile put the matter of contempt to a vote by the impeachment body. Hearing no objections, the motion of contempt was passed and the succeeding punishment to be discussed by the impeachment body.
The actions of Aguirre during day 26 has placed further the position of the prosecution in worst light given the recent reversals.