Private prosecutor Atty. Benjamin “Jay” Tolosa Jr. maintained that his assertive demeanor during Vice President Sara Duterte’s impeachment trial is driven by his duty to defend public interest, clarifying that he had no intention of intimidating any witness.
Tolosa’s direct examination of former Department of Education (DepEd) Undersecretary Michael Poa, who appeared as a hostile prosecution witness, drew widespread attention following heated clashes with Duterte’s defense team.
“What is clear is there was no intention to, for example, intimidate the witness,” Tolosa said in an interview, explaining that courtroom strategy often requires adapting to the situation.
“We have to clarify that strategy doesn’t always call for the same demeanor in court,” Tolosa added. “Sometimes you have to match the energy of the opposing counsel.”
He stressed that trial lawyers must firmly stand their ground when they believe their legal arguments are backed by procedural rules and court jurisprudence, even when faced with adverse rulings.
“At times, you really need to stand your ground,” he noted.
The friction unfolded during the September 2 hearing when Poa took the stand. Tensions escalated after defense counsel Atty. Sheila Sison objected to Tolosa’s characterization of Poa as someone who lacked knowledge regarding how DepEd’s confidential funds were utilized.
Presiding Officer and Senate President Francis Escudero granted the defense’s request to strike the remark from the record and later cautioned Tolosa against engaging in side exchanges that consumed precious hearing time.
Defending his approach, Tolosa drew parallels to his private practice handling high-stakes corporate disputes and domestic abuse cases, noting that a litigator must aggressively protect a client’s rights regardless of the venue.
He emphasized that his aggressive posture in the high-profile trial reflects the enormous stakes involved for the nation.
“Perhaps that assertiveness comes through because we believe the stakes here are much higher,” Tolosa said. “This isn’t just about the personal interest of one individual; we are fighting for the interest of the entire Filipino public.”
This video highlights the heated courtroom exchanges between private prosecutor Atty. Jay Tolosa Jr. and defense counsel Atty. Sheila Sison during the direct examination of witness Michael Poa.