Luistro seeks equal enforcement of sub judice rule

Lead public prosecutor Rep. Gerville Luistro urged the Senate impeachment court to ensure the uniform application of the sub judice rule to all parties involved in the trial of Vice President Sara Duterte.

Luistro said Sunday that the rule should apply equally to the prosecution, defense, senator-judges and Duterte.

“We have to of course remember that this rule is applicable not only to parties, not only to the defense and the prosecution. It is likewise applicable to the senator-judges, it is likewise to the parties that includes the respondent Vice President,” Luistro said in a radio interview.

Her remarks came after public prosecutor Rep. Terry Ridon and private prosecutor Benjamin Tolosa received show cause orders over alleged violations of the sub judice rule in their public statements.

Ridon confirmed the orders on Thursday, 17 September, and said they would submit their responses the same day.

Presiding officer Sen. Francis “Chiz” Escudero issued stricter sub judice guidelines on 26 August following concerns raised by Duterte’s lawyers over public comments by members of the prosecution.

Under the guidelines, an initial violation may result in an admonition in open court, while succeeding violations may carry a P30,000 fine per incident and restrictions on participation in the trial.

Luistro said the prosecution was “a bit surprised” by the show cause orders, maintaining that its members had sought to avoid discussing the merits of the case.

“So for us, we maintained the position that we have been compliant, that’s why we’re a bit surprised that our colleagues were called out,” she said.

The prosecution is considering filing a manifestation outlining its position and identifying what Luistro described as “similar” or “even greater” comments made by other parties.

Luistro said the panel hoped the impeachment court would be “uniform in calling out parties who are crossing the line of the sub judice rule.”

“Well I do not want to name names but we are looking into the possibility of filing the necessary manifestation on this that we submit to the authority of the impeachment court but I hope you look into the following as well,” she said.

‘Only avenue’ to counter fake news

Luistro also argued that media interviews provide prosecutors with an avenue to counter misinformation surrounding the impeachment proceedings.

“[The public] have the right to know what is really happening in the impeachment trial. At this interview, this happens to be the only avenue that the prosecution team has to ensure that fake news is avoided especially in informing our beloved countrymen,” she said.

She stressed, however, that prosecutors remained mindful of the prohibition against publicly discussing the merits of the case.

Luistro also said the show cause orders were procedural and would not affect the prosecution’s presentation of evidence.

“This matter is procedural. This is on the authority of the impeachment court to discipline the parties bound by the sub judice rule. But in the presentation of the evidence and the articles, we remain focused, following the timeline of the prosecution,” she said.

The House prosecution panel is expected to continue presenting evidence related to allegations involving Duterte’s financial records from 2007 to 2025.

Among the witnesses the prosecution intends to call is Davao City Mayor Sebastian “Baste” Duterte over alleged transactions involving Gencorp, a company the prosecution says is owned by the Vice President, and the Davao City government.