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Private prosecutor Lorna Kapunan on Wednesday, Nov. 11, said that she feels agitated towards witness Atty. Suzette Balucanag-Punay, after the latter said that she preferred not to answer a question regarding Vice President Sara Duterte's alleged unexplained wealth.

This, after Kapunan asked Punay on the Vice President's income, stating whether Duterte violated the Constitution by not declaring incomes she received "from sources other than her salary" as Vice President.

Defense counsel Justin Nicol Gular then claimed that Kapunan was "badgering" the witness with a question that only senator-judges "can make thatfinal determination."

Kapunan countered she had a right to "badger" the witness with such a question, considering that Punay was already a practicing lawyer for 15 years, and therefore she must know what must, and must not be declared.

She also claimed, the fact that Punay preferred not to answer is already a violation of her oath of office. (Video courtesy of Senate of the Philippines)

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Transcript
00:01Regardless of the amount, Madam Witness, it could be $43,000, it could be $2 million, it could be more,
00:08it could be less.
00:10It still is income, correct?
00:14Correct.
00:16I already answered yes, Your Honor.
00:18Okay.
00:19And as income, it should be declared.
00:25Correct?
00:26Yes.
00:27Okay.
00:27And this is income which is coming from a business, correct?
00:36Yes.
00:37Yes.
00:38And of course, as a lawyer, you know that under the Constitution, the Vice President cannot receive any other income,
00:49no matter how big or small.
00:51She cannot receive any other income or have any business interest, personal pecuniary interest in any other corporation.
01:06It is a clear prohibition in the Constitution.
01:11You agree?
01:12Your Honor, compound, misleading, calls for a conclusion.
01:19Attorney Suzette, only if you know.
01:23You may answer only if you know.
01:25If you don't, then you may say so as well.
01:27I prefer not to answer, Your Honor.
01:32You prefer not to answer?
01:34You are here.
01:34I'm not sure if you prefer not to answer, so you don't know, Attorney Suzette.
01:38I don't know your Honor.
01:45You've made your point, Attorney Lorna.
01:48Okay.
01:52Did you prefer not to answer?
01:55Why?
01:55Why do you prefer not to answer when you're here?
01:58Precisely for the purpose of clarifying the situation.
02:04Is the Vice President in violation of the Constitution by not declaring income which she received from sources other than
02:15her salary?
02:16It's a clear question.
02:18Why can you not answer that?
02:20Attorney Lorna, she changed her response to I don't know.
02:24You can repeat it again, Attorney Suzette.
02:26Your Honor, however, please allow me to speak.
02:29Yes, Attorney Suzette.
02:30Your Honor, again, our witnesses here are entitled to rights.
02:34One of those rights is not to be badgered by questions.
02:37Only this impeachment court will resolve in the final decision it will make.
02:42Because what Attorney Kapunan is asking the witnesses, isn't this a constitutional violation?
02:47But at the start of this hearing, we are all aware as lawyers, Attorney, that only the respective senator judges
02:53can make that final determination.
02:55We ask, Your Honor, that this is clearly already badgering the witness as Attorney Lorna Kapunan, with all respect, knows
03:03what she is doing, Your Honor.
03:05May we move on.
03:06I also know, Your Honor, what counsel is doing.
03:10Counsel is manifesting that I'm badgering.
03:13I may have a loud voice, Your Honor, but this is already my tame voice.
03:18It could be louder.
03:19In fact, this is my kind voice when I ask the witness, Your Honor, if she knows.
03:26Because she should know.
03:28Fifteen years in the practice of law, you do not know what should not be declared and what should be
03:34declared as a public officer.
03:36You do not know that a public officer cannot receive income apart from her legitimate salary from any other business
03:45or exercise of any profession.
03:47And to answer, Your Honor, that she prefers not to answer, I think it's a violation of her oath as
03:55a lawyer.
03:56And that's why I feel agitated, Your Honor.
03:59It's a violation of her oath of office that she will say, I do not want, I prefer not to
04:06answer.
04:06As an officer of the court, especially a highest impeachment court, to say that, Your Honor, I think that should
04:14be, that should not be accepted as an answer, Your Honor.
04:18I am badgering, Your Honor.
04:20I have the right to badger.
04:21We have the right to badger a witness who does not want to answer a question that should be answered.
04:29Forgive me, counsel, even if she refuses to answer.
04:35No counsel has the right to badger the witness still, although you can be frustrated or disappointed.
04:41However, the witness already answered that she does not know after the court reminded her that she cannot refuse to
04:52answer the question.
04:54And she already changed her answer and said, She does not know.
04:58You have made your point, counsel.
05:00You have spread into the records your theory.
05:04Move on to your next point, Attorney Lorna.
05:08Move on to your next question.isch
05:16You

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