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 announced that the court will rigorously enforce Rule 18 of the impeachment court, barring anyone involved in the ongoing trial of Vice President Sara Duterte from making public comments or disclosures about the merits of the pending case. 

The said rule covers the defense, the prosecution, witnesses, and even respondent Duterte and senator-judges. 

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, supposedly contradicting defense lawyer Kristine Ferrer’s remark that misleading questions are allowed during cross-examination.

Escudero pointed out, however, that before the court enforces standards of restraint on the opposing parties, it “must first be exemplified by those who sit in judgment.”

This follows social media posts and statements made by some senator-judges inside and outside the courtroom, which Escudero said “impair the fairness of the proceedings” and undermine the impartiality that 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 stressed. 

The presiding officer did not name names, but noted that official records can identify those concerned.

He emphasized that senator-judges must also strictly observe “political neutrality required by their oath” and refrain from “unparliamentary offensive or improper remarks.”

A senator-judge who will be found to have violated his/her impeachment oath may face an ethics complaint referred by the court, 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 possible restrictions on speaking, objecting, or examining witnesses on the floor.

As for lawyers involved in violations, 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 regarding the individual's license to practice law. 

Nonetheless, Escudero announced that 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 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.