Impeachment court lifts sub judice rule on withdrawn charges vs Sara Duterte

Rule 18 bars involved parties from publicly discussing the merits of an ongoing impeachment trial

MANILA, Philippines – The Senate impeachment court on Tuesday, October 13, lifted the sub judice rule on three withdrawn impeachment articles against Vice President Sara Duterte, allowing the parties to publicly discuss the dropped charges.

The decision drew objections from lead defense counsel Sheila Sison, who warned that abandoning Rule 18 midway through the trial could undermine the integrity of the proceedings.

The three withdrawn articles cover the alleged misuse of confidential funds (Article I), bribery (Article III), and grave threats (Article IV). The court earlier granted the House prosecution panel’s request to withdraw these charges, leaving only Article II, which involves Duterte’s alleged unexplained wealth.

“We actually object to the abandonment of Rule 18 if we are to be true and faithful to the rationale and wisdom of the sub judice rule that not only permeates this court, it permeates the entire judicial system,” Sison said.

“It is needed to maintain the integrity of the proceedings. There should not be any single instance or occasion that this should be abandoned in the middle of trial and right before the defense or respondent presents her case,” she added.

Senate impeachment court presiding officer Francis “Chiz” Escudero explained that relaxing Rule 18 was intended to allow Duterte to respond to the withdrawn articles both inside and outside the courtroom.

“The reason behind the relaxing of Rule 18 was more to afford, actually, the respondent to respond in the manner she may deem fit both in this courtroom, subject to the objections and ruling of the court, and outside,” Escudero said.

Amid the defense’s objections, Senator-judge Francis “Kiko” Pangilinan moved to reconsider the ruling and maintain the enforcement of Rule 18 pending a possible motion for reconsideration from the defense.

“If the court agrees, pending a possible motion for reconsideration when we resume, then Rule 18 should continue to be enforced and not abandoned,” Pangilinan said.

Pangilinan also moved to authorize Escudero to issue a resolution on the matter during the trial break. Senator-judge Joel Villanueva seconded the motion.

Defense lawyer Michael Poa cited a gag order issued by a Quezon City Regional Trial Court (RTC) in connection with the separate grave threats case against Duterte.

“We just wanted the court to know that the difficulty we’re facing with this, well, lifting of Rule 18 as regards to those articles,” Poa said.

“For example, for grave threat, we have a gag order from the RTC, Your Honor, trying that case on speaking on it. So in a way, the prosecution can discuss it but we cannot,” he added.

Escudero said his earlier ruling would remain in effect unless the defense indicated otherwise. He added that Pangilinan’s motion for reconsideration would be taken up, with the court deciding whether to reconsider the ruling in whole or in part.

“After which, the motion for reconsideration of Senator-judge Francis Pangilinan will come into operation as it will be recorded by the clerk and the reconsideration of that rule shall be made either in whole or in part,” Escudero said.

Rule 18 of the Senate impeachment rules bars the presiding officer, senator-judges, prosecutors, the respondent, their counsel, and witnesses from publicly commenting on or disclosing the merits of an ongoing impeachment trial, including through online platforms.

In August, Escudero ordered the strict enforcement of the sub judice rule. – Rappler.com

Loading