Jonathan Frederic De Santos

Gina Acosta, a member of the Office of the Vice President's staff.

Article (news)

Gina Acosta, a member of the Office of the Vice President's staff. 

ABS-CBN News

<p>MANILA — The Senate impeachment court on Monday declared Gina Acosta, a member of Vice President Sara Duterte&#x27;s staff and whom the prosecution presented as part of its case, a &quot;hostile&quot; witness.</p><p>The former special disbursing officer was meek and respectful on the stand, often asking prosecution counsel Amando Virgil Ligutan to repeat or clarify his questions.</p><p>Demeanor aside, the court agreed to consider her hostile, which it can do under Section 12 of the Revised Rules on Evidence.</p><p>That section allows court to declare witnesses &quot;unwilling&quot; or &quot;hostile&quot; if they have an adverse interest, unjustified reluctance to testify, or have misled a party into making them a witness. </p><div><a href="https://www.abs-cbn.com/news/nation/2026/8/17/senate-impeachment-trial-gina-acosta-declared-as-hostile-witness-1139"><strong>Senate impeachment trial: OVP staff Gina Acosta declared as hostile witness<br/></strong></a></div><div><br/></div><div><strong>&#x27;DIFFERENT INTERESTS&#x27;</strong></div><p>UP College of Law Associate Dean Paolo Tamase said on ABS-CBN News Special Coverage &quot;The Vice President On Trial&quot; that the general rule is for counsel to ask open-ended questions.</p><p>The rule is different, however, for witnesses like Acosta.</p><p>&quot;Minsan, may mga testigo na hindi aligned yung interes nila doon sa interes ng prosecution,&quot; he said.</p><p>(Sometimes there are witnesses whose interests are not aligned with that of the prosecution.)</p><p>Sen. Francis &quot;Chiz&quot; Escudero, presiding officer, raised during the trial that Acosta&#x27;s interest is in Duterte&#x27;s acquittal since she would lose her job in case of conviction.</p><p>Tamase said that counsel asking witnesses like Acosta open-ended questions risks muddling the discussion. </p><p>&quot;Tatanungin mo kung &#x27;nasaan siya ng ganitong oras&#x27;, baka iba yung pa-usapan niya bigla,&quot; he said.</p><p>(You might ask them where they were at a certain time and they might talk about something else entirely.)</p><p>He said dropping the general rule on open-ended questions is justified &quot;in terms of bringing order to proceedings.&quot;</p><div><br/></div><div><strong>LEADING QUESTIONS ALLOWED</strong></div><p>According to the Revised Rules of Evidence, counsel may ask hostile witnesses leading questions — those that suggest the answer that counsel wants to hear and that are generally not allowed.</p><p>Counsel are still prohibited from asking &quot;misleading questions&quot;, or those that assume a fact the witness has not testified to or is the opposite of what the witness said.</p><p>&quot;Hindi ibig sabihin ng &#x27;hostile witness&#x27; na hindi siya magsasabi ng totoo yung witness, mayroon pa rin siyang tungkulin na magsabi ng totoo,&quot; Tamase said.</p><p>(&#x27;Hostile witness&#x27; does not mean the witness will not tell the trurh. They still have the duty to tell the truth.)</p><p>Unlike with regular witnesses, counsel can also impeach, or discredit, hostile witnesses they present.</p>

<p>UP College of Law Associate Dean Paolo Tamase said on ABS-CBN News Special Coverage "The Vice President On Trial" that the general rule is for counsel to ask open-ended questions. The rule is different, however, for witnesses like Gina Acosta.</p>

UP College of Law Associate Dean Paolo Tamase said on ABS-CBN News Special Coverage "The Vice President On Trial" that the general rule is for counsel to ask open-ended questions. The rule is different, however, for witnesses like Gina Acosta.

When is a witness 'hostile' and what happens when they are?

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When is a witness 'hostile' and what happens when they are?

ABS-CBN News

Published August 17, 2026 01:08 PM PHT

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Updated August 17, 2026 02:02 PM PHT

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Gina Acosta

Revised Rules on Evidence

Hostile witness

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