Sara Duterte defense seeks new spokesperson amid impeachment court gag order

The defense team of Vice President Sara Duterte in her impeachment trial is now looking for a new spokesman to replace Atty. Michael Poa, following presiding officer Senator-Judge Chiz Escudero's ruling that barred senator-judges and prosecution and defense lawyers from discussing the merits of the case before the public.

Escudero said the ruling complies 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.”

Poa, aside from being a member of the defense panel, is also Duterte's spokesperson. He said he has already cancelled some interviews because of the ruling.

"This has to be discussed with the Vice President. But on my part, there seems to be a sense of urgency because it would be difficult if you wouldn't have anybody to talk to," Poa told reporters in a mix of Filipino and English.

Poa said the defense team has yet to find the new spokesperson.

Regarding the qualifications, Poa said, "Well, one, someone who can really explain the process well, someone who can laymanize the process for our countrymen."

"Someone who will be consistent with whatever the defense wants him or her to say sa media so that our countrymen will not be confused," 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 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. –NB, GMA News