Defense, prosecution seek court action on each other's ‘judicious’ statements

Both parties in the ongoing impeachment trial of Vice President Sara Duterte similarly urged the Senate Impeachment Court to probe statements against one another which they argued had violated the tribunal’s prior ruling on the observance of the “sub-judice” rule.

Atty. Sheila Sison, lead defense counsel, initiated the discussion into the matter as she raised her concerns over the “judicious” statements that private prosecutors have allegedly made in their recent media interviews and press conferences.

The lawyer made the manifestation minutes before the court paused for lunch, fearing that their counterparts would make more statements once they faced reporters stationed at the Senate.

“Our concern now is that right after this morning’s proceeding, and when we go out of this room and face the media, then many more sub judicial statements may possibly be made,” Sison pointed out.

“These statements not only go into a fair comment. In fact, they go into the probative value of their supposed cross examination and of the weight of the evidence presented by the defense yesterday,” she added.

Sison recalled the court’s ruling last 5 November, which had established that the court’s restrictions when it came to its “sub-judice” rule were again applied to all four Articles of Impeachment—regardless of the previous withdrawal of the prosecution.

Hearing the manifestation, impeachment court presiding officer Senator Francis “Chiz” Escudero said that the court was already looking into two briefings of the prosecution that were held on Monday, 9 November, and one over the weekend.

In response to the court and Sison’s sentiment, private prosecutor Atty. Benjamin “Jay” Tolosa said that their group would be also be filing a similar motion against the defense with respect to the statements of Vice President Sara Duterte that had allegedly attacked the integrity of the court.

“We also reserve the right to file a corresponding motions for declaration of violation of sub-judice rule as well. I think it does not escape everyone, the incessant attacks against the integrity of the impeachment court itself and the senator-judges by no less than the Vice President,” Tolosa explained.

To recall, Escudero had issued a ruling earlier in the proceedings intended to impose stricter measures when it came to the issue on statements that had violated Rule 18 of the constitutional tribunal.

The presiding officer imposed possible penalties of admonition, fines, and limitations on a lawyer’s participation in the trial for whoever was found violating the guideline.

At this point in the proceedings, prosecution members Tolosa and public prosecutor Rep. Terry Ridon have been the only individuals that faced warnings from the court over their statements—neither received a fine.