Sara defense asks court to retain gag rule on impeach proceedings
Vice President Sara Duterte's defense team has asked the Senate impeachment court to continue enforcing restrictions on public discussion of her impeachment trial, insisting that the withdrawal of three impeachment articles does not mean she has waived her right to protection under the sub judice rule.
In a manifestation filed on 4 November, Duterte's lawyers maintained that she remains opposed to any form of trial by publicity and that the court should continue enforcing Rule 18 to protect the integrity of the proceedings and her constitutional rights.
"She is not waiving Rule 18 and that she remains uninterested in any form of trial by publicity," impeachment spokesperson Reginald Tongol said, citing the defense's manifestation.
The defense further asserted that the court "must maintain and enforce the sub judice rule to preserve the integrity of the proceedings and respect her constitutional rights."
The request stems from the impeachment court's 13 October decision to allow the House prosecution panel to withdraw three of the four articles of impeachment against Duterte and lift the sub judice restrictions on the withdrawn charges.
The court's ruling allowed public discussion of the three withdrawn articles, leaving Article II as the sole remaining charge against the vice president. The remaining article involves allegations of unexplained wealth, undeclared assets and prohibited business interests.
Presiding Officer Francis Escudero said three articles were no longer pending adjudication, the parties, their lawyers and witnesses could publicly address the allegations. Rule 18, which bars public comments on matters pending before the impeachment court, would remain in force for Article II.
The defense, however, objected to the ruling, arguing that Duterte would be denied the opportunity to present evidence against allegations that prosecutors had already aired during the trial.
Lead defense counsel Sheila Sison had questioned the fairness of allowing prosecutors to present their evidence and subsequently withdraw the charges, leaving Duterte unable to rebut them before the senator-judges.
“They presented their evidence. The court allowed them time, gave them an opportunity, gave them platform, but now, since they withdrew, your Vice President can no longer speak or defend herself from those allegations,” Sison told the impeachment court on 13 October.
“Just for the record, Your Honor, we find that not only a bit unfair, but I would say, it’s completely unfair,” she added.
The impeachment court is scheduled to resume proceedings on 9 November, when Duterte's defense team is expected to begin presenting her evidence on the remaining Article II.