MANILA, Philippines — Vice President Sara Duterte must follow the Senate impeachment court’s sub judice rule and refrain from publicly commenting on the merits of her pending case, Senate President Francis Escudero said Wednesday.
Escudero, who presides over the impeachment court, issued the reminder during Wednesday’s hearing and directed Duterte’s defense lawyers to inform her of the ruling.
He said Rule 18 of the court’s Rules of Impeachment applies to the impeached official, as well as prosecutors, defense lawyers and witnesses. The rule governs public statements about the merits of a pending impeachment case.
Escudero’s ruling came after Duterte criticized prosecutors in a media statement for what she described as “insults, speculation, or political theatrics” while questioning her aides as witnesses.
Because Duterte’s statement came around the same time Escudero issued the ruling, he said the new restrictions would apply prospectively.
“From this point forward, however, Rule 18 shall be strictly enforced,” Escudero said.
He said the court would show leniency toward statements or conduct that occurred before the ruling but could take action against future violations.
Escudero also reminded spokespersons for both the prosecution and defense panels that they must comply with Rule 71, which covers the code of conduct for public officials and indirect contempt. He again suggested that both panels appoint spokespersons who are not members of their legal teams.
Two-strike rule
Escudero warned all parties, including senator-judges, against discussing the case in the media or engaging in what he called “trial by publicity.”
Under the court’s two-strike policy, a first violation could result in a severe reprimand, while a second and subsequent violation could carry a P30,000 fine.
The court may also notify the Integrated Bar of the Philippines and the Supreme Court of violations involving lawyers for possible disciplinary action.
Escudero urged senator-judges to maintain political neutrality and restraint while performing their duties. He said they may ask witnesses questions for clarification but should not use questioning for partisan purposes.
He also outlined the responsibilities of both sides. Prosecutors must seek justice rather than simply secure a conviction, while defense lawyers must protect Duterte’s constitutional and procedural rights, challenge the prosecution’s evidence and ensure prosecutors meet their burden of proof.
Escudero said a statement concerns the merits of the case when it evaluates disputed facts, witness credibility or the relevance and strength of evidence; assesses the legal validity of an impeachment charge or defense; argues for a particular outcome; or predicts the court’s final vote.