Gatchalian: Sara defense yet to comment on gag rule

The defense team of Vice President Sara Duterte has yet to communicate its position on the Senate impeachment court's decision to lift the sub judice rule on three withdrawn impeachment articles, Senate President Win Gatchalian said Sunday.

Gatchalian said the defense had not submitted feedback on whether it agreed with the lifting of restrictions on public discussions of the allegations, although it could still raise its position with the impeachment court.

“Sa pagkaalam ko, wala pa kaming nakukuhang feedback sa ganun,” Gatchalian said in a radio interview.

“Very clear naman yung order ng presiding officer na on those three articles, lifted na yung sub judice rule, unless nga magbibigay sila ng feedback sa atin,” he added.

Meanwhile, Gatchalian confirmed that the prosecution had already submitted its formal offer of evidence on the remaining Article II, giving the defense 10 days to file its comments and objections.

The formal offer identifies the documentary and object evidence that prosecutors want the impeachment court to admit and consider in deciding the remaining charge. The defense may challenge the admissibility of the submitted evidence before the court rules on it.

The Senate impeachment court on 13 October accepted the prosecution's withdrawal of Articles I, III and IV, which concerned the alleged misuse of confidential funds, bribery and grave threats, respectively.

The lifting of the restriction, however, does not authorize the public release of evidence covered by confidentiality requirements, protective orders or other legal restrictions.

The sub judice rule also remains in effect for Article II, the sole remaining article concerning Duterte's alleged unexplained wealth and unlawful business interests.

The impeachment trial is scheduled to resume on 9 November, when Duterte's defense is expected to begin presenting its evidence on the remaining article.