SENATE Presiding Officer Francis ‘Chiz’ Escudero gavels the Senate impeachment court into session for the 18th day of Vice President Sara Duterte’s trial on Wednesday in Pasay City, as senators weigh the evidence that could determine her political fate. Also shown is Senate President Win Gatchalian.
The Senate impeachment court on Wednesday issued a stark reminder to all parties, including the senator-judges, to strictly observe court rules, exercise restraint and impartiality, and refrain from engaging in “trial by publicity,” or face sanctions.
Presiding officer Chiz Escudero said the court will rigorously enforce Rule 18 of the impeachment court barring anyone involved in the trial of Vice President Sara Duterte from making public comments or disclosures on the merits of the case.
The rule covers the prosecution, the defense, witnesses, including the senator-judges and even respondent Duterte.
Escudero warned that making commentary, discussing, sharing, or endorsing comments and engaging in trial by publicity “directly threatens the independence of the court, degrades the dignity of the tribunal, and risks turning it into a circus.”
The ruling was triggered by a 12 August Facebook post by private prosecutor Amando Ligutan that appeared to contradict defense lawyer Kristine Ferrer’s remark at the trial that misleading questions were allowed during cross-examination.
Escudero stressed that before the court enforces standards of restraint on the opposing parties, it “must first be exemplified by those who sit in judgment.”
This followed social media posts and statements made by some senator-judges, both inside and outside the courtroom, which Escudero said “impair the fairness of the proceedings” and undermine the impartiality they are required to exercise.
“A judge must not only be impartial, but must also appear to be impartial, as an added assurance to the parties that his decision will be just. Litigants are entitled to no less than that,” Escudero said.
The presiding officer did not name names, but noted that the official record will identify those concerned.
He emphasized that senator-judges must strictly observe the “political neutrality required by their oath” and refrain from “unparliamentary offensive or improper remarks.”
A senator-judge who violates the impeachment oath may face an ethics complaint, Escudero warned.
The court will likewise follow a two-strike rule. A “severe reprimand and admonition” in open court, placed permanently in the records as a final warning, will be meted out for the first offense.
A monetary fine of up to P30,000 will also be imposed for each subsequent violation, along with restrictions on speaking, objecting, and examining witnesses on the floor.
As for lawyers in violation, Escudero said the court will transmit a certified incident record to the Office of the Bar Confidant, the Integrated Bar of the Philippines, and the Supreme Court for possible disciplinary action on the individual’s license to practice law.
Nonetheless, Escudero said the court will extend grace, exercise liberality, and wipe the slate clean for past conduct, but warned that Rule 18 will be strictly enforced moving forward.
Spokespersons for the parties who are not members of their legal teams are exempt from the rule. However, if they are members of the bar, they remain subject to the rules on indirect contempt and are bound by the Code of Professional Responsibility and Accountability if their actions or statements disrupt or disrespect the impeachment court.
Defense lawyer Michael Poa also serves as the sole spokesperson for the team, while one of the prosecution’s spokespersons, Atty. Benjamin Tolosa, is a private counsel to the panel.
