Sara defense yet to respond to 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has yet to communicate its position on the Senate impeachment court’s decision to lift the sub judice rule on three withdrawn impeachment articles, Senate President Sherwin “Win” Gatchalian said Sunday.

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

“To my knowledge, we have not received any feedback on that,” Gatchalian said in a radio interview. “As the presiding officer’s order clearly states, the sub judice rule has been lifted for those three articles, unless they submit their feedback to us.”

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

Evidence not covered

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

On 13 October, the Senate impeachment court 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 does not authorize the public release of evidence covered by confidentiality requirements, protective orders or other legal restrictions.

The sub judice rule 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.