Senator-judges, counsels barred from speaking on merits of impeach case vs Sara Duterte

The Senate impeachment court on Wednesday barred senator-judges, as well as counsels of both the prosecution and the defense, from speaking on the merits of the impeachment case against Vice President Sara Duterte.

Senate impeachment court presiding officer Francis Escudero said the ruling is in compliance with Article 18 of the Rules on Impeachment which provides that the presiding officer, the members of the Senate, “shall refrain from making any comments and disclosures in public pertaining to the merits of a pending impeachment trial” and that “the same shall likewise apply to the prosecutors, the person impeached, and their respective counsel and witnesses.”

“The Chair hereby strictly enjoins all persons covered by Rule 18, you know who you are, and based on the records, we know who you are, from making public statements or otherwise discussing, sharing, or endorsing comments pertaining to the merits of this pending impeachment trial, and from engaging in trial by publicity, as they directly threaten the court, degrade the dignity of the tribunal and risk turning it into a circus, and weaponize the media to substitute public outrage for actual evidence,” he said.

“This rule exists to balance the public's right to information on matters of public concern with the need to protect the integrity of the proceedings from public prejudgment,” he added.

Two-strike rule

Escudero said the court will follow a two-strike rule. He said the first offense will be meted out with severe public reprimand and stern admonition in open court, which will be placed permanently on the record as a final warning.

Those who will do it again will be fined P30,000, he said.

"Each subsequent violation of Rule XVIII shall be punished the same way as a 2nd offense, a fine of Thirty Thousand Pesos (P30,000.00)," the senator added.

He further said that if a member of the Bar is concerned, the incident will be transmitted and a formal referral will be made to the Office of the Bar Confidant, the Integrated Bar of the Philippines (IBP), and/or the Supreme Court for disciplinary sanction regarding the person's license to practice.

Likewise, Escudero said the ruling is prospective, meaning it will only cover those statements made after the ruling was announced on August 26.

“With respect to prior statements or conduct covered by Rule 18, the court shall extend grace, exercise liberality, and wipe the slate clean, tabula rasa so to speak. From this point forward, however, Rule 18 shall be strictly enforced and be given full force and effect,” he said.

The impeachment court presiding officer, however, said spokespersons of both parties are not covered by the ruling and will be "free to say whatever they want."

Further, Escudero said while counsels are free to advance the factual and legal theories underlying their positions, they must do so through evidence, reasoned argument, and court-appropriate language.

“They should not be done through expressions that prejudge disputed facts, attribute wrongdoing not yet established, cast offensive personalities upon others, or needlessly inflame the proceedings,” he said.

“Language uttered in the presence of the court that amounts to disrespect, offensive personalities, or misbehavior that obstructs or interrupts the proceedings may, when the applicable threshold is met, be dealt with as direct contempt under the rules on impeachment,” he added. —AOL, GMA News