Vice President Sara Duterte regularly consults her lawyers before making public statements about her impeachment case to determine whether her remarks could violate the Senate’s sub judice rule or expose her to contempt, her defense spokesperson said Monday.

Atty. Michael Poa said the defense maintains constant communication with Duterte and discusses with her whether particular statements could be covered by restrictions on public commentary while the impeachment proceedings are ongoing.

“So may mga bagay naman kaming napag-usapan na kung sasabihin mo ito, palagay ko, this will be covered by subjudice. At kung sasabihin mo naman yung ibang bagay, I don't think naman subjudice yan,” Poa told reporters after Monday’s trial proceedings.

“Pag may mga bagay na hindi rin siya sure kung subjudice o hindi, siya naman ay nagko-consult at tayo nagbibigay ng opinion natin,” he added.

Duterte herself cited the possibility of contempt when she was asked Monday whether she would comment on her impeachment case.

“Mako-contempt ako sir eh kapag sumagot ako sa impeachment. Masyado ng maraming problema ang mga abogado ko ayaw ko nang dagdagan yung kanilang problema with the contempt,” she said in an ambush interview during her visit in Banga, South Cotabato. 

Asked about calls from the prosecution for statements to be called out regardless of who makes them, Poa agreed that violations should be addressed consistently.

“Tama naman. I think to be fair, kahit ako dapat pag meron akong maling nasabi dapat ma-call out. Dapat lahat tayo maging covered noon, including the defense, including myself,” he said.

On 26 August, Presiding Officer Francis “Chiz” Escudero specifically reminded Duterte that the rule also applies to her and directed her defense lawyers to relay the reminder. The court had earlier announced stricter enforcement of the rule, including a two-strike mechanism for publicity violations.