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"IT WAS AN AI-GENERATED IMAGE AND SIMPLY FALSE,"

Senate impeachment court presiding officer Francis "Chiz" Escudero on Tuesday, Sept. 1, addressed the "fake news" circulating on the internet regarding an AI-generated image of Office of the Vice President (OVP) Assistant Chief of Staff Lemuel Ortonio, allegedly wearing a communication earpiece during the impeachment trial of Vice President Sara Duterte.

Escudero clarified that Ortonio was wearing an ear piercing placed on the front fold helix of his ear.

The presiding officer then directed the Clerk of Court to secure the witnesses' communication devices before they are sworn in during the proceedings. (Video courtesy of Senate of the Philippines)

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Transcript
00:00Chair would like to issue a directive cum ruling with respect to what came out in the recent days and
00:08or last week.
00:10After Mr. Ortonio testified before this court, an image of him allegedly wearing an earpiece was widely circulated on the
00:18internet.
00:20We take this opportunity after verification that it was an AI-generated image and simply false.
00:30The Chair wishes to remind and take this opportunity the parties that every witness must testify nevertheless solely from his
00:38or her own knowledge, free from coaching or influence from counsel or any other person.
00:44Again, to reiterate, hindi totoo yung lumalabas ng mga litrato na di umano merong earpiece si Mr. Ortonio, yung po
00:51ay AI, what he had was a frontfold helix, an ear piercing in the frontfold helix of his ear.
00:58Not an earpiece.
01:02The underlying principle being cited by the presiding officer will be Section 21E of AM No. 24-1102 by the
01:10Supreme Court,
01:12prohibiting the use of cell phones, tablets, or some other similar gadgets during videoconferencing by analogy.
01:20Also, basis would be the U.S. case of Villarreal v. Texas, wherein a witness must provide his own account
01:28rather than one scripted or choreographed by any party, counsel, or any interested party.
01:34Also, citing the case of Sky Development Inc. v. VistaView, docket No. 3D-101274 of the U.S. Supreme Court.
01:43Accordingly,
01:45No witness while testifying shall possess, have access to, or use any earpiece, headset, cell phone, smartwatch, smart glasses, or
01:55any other similar device capable of transmitting or receiving information or communication.
02:01Witnesses are also prohibited from receiving or attempting to receive any communication, suggestion, answer, signal, message, or prompt for any
02:10person, whether inside or outside this court, regardless of the means employed.
02:16The prohibition shall remain in force during recesses and until the witness is formally discharged by the court.
02:25Consultation on unrelated matters, the use of any necessary medical accessibility, interpretation, or other device, shall be subject to the
02:32court's prior approval.
02:34The clerk, therefore, is hereby directed
02:36To inform each witness of these directives prior to testifying
02:41No. 2. Secure all prohibited communication devices in the witness's possession before he or she is sworn in
02:49No. 3. To obtain the witness, express confirmation on the record that he or she understands and shall comply with
02:56this directive.
02:57Any violation shall be brought to the attention of the chair and dealt with accordingly under the court's disciplinary powers.
03:04The directive shall take effect immediately and shall apply to the witness henceforth this court will be receiving.
03:11Sorted
03:24Sorted

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