Senate impeachment court reimposes gag order for withdrawn articles

(From L) Impeachment defense counsels Sheila Sison and Michael Poa, lead prosecutor Rep. Jinky Luistro, Sen. Pia Cayetano and presiding officer Chiz Escudero and private prosecutor Lorna Kapunan.

Senate SMU / Joseph Vidal

MANILA, Philippines — The Senate impeachment court has reimposed its gag order on the three charges prosecutors dropped against Vice President Sara Duterte, reversing an October ruling that had freed both sides to discuss them in public.

In an order issued on Friday, Nov. 6, the court said the sub judice ban under Rule XVIII of its trial rules applies "with equal force" to all four articles of impeachment, whether withdrawn or still pending. 

The aim of the rule is to prevent any side from "litigating dropped charges in the media" while senator-judges try the one remaining charge, Article II, which accuses Duterte of amassing unexplained wealth.

The order resolves a motion for reconsideration that Sen. Kiko Pangilinan raised on October 13. It also follows a November 4 manifestation in which Duterte told the court she was not waiving the rule and wanted the ban kept in place.

The House prosecutors withdrew Articles I, III and IV on October 13, during the trial's 39th day, after the prosecution had formally rested its case.

The dropped articles covered the alleged misuse of confidential funds at the Office of the Vice President and the Department of Education, alleged bribery of DepEd officials, and threats Duterte allegedly made against President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos and former House Speaker Martin Romualdez.

Escudero accepted the withdrawal, and in doing so, had then lifted the sub judice rule on all three dropped articles, reasoning that since Duterte no longer had to answer them in court, she should be free to answer them in public. However, lead defense counsel Sheila Sison objected on the spot, warning that it would open the door to "unregulated and unbridled" public statements against the vice president.

Pangilinan then moved for reconsideration. In response, Escudero held off acting on the motion until the defense formally stated Duterte's position. 

Violators of the restored ban face the penalties Escudero laid down on August 26, when the court cleared parties of earlier breaches but promised strict enforcement from then on. A first offense draws a severe reprimand in open court, entered into the record as a final warning. Later violations can bring a fine of up to P30,000 each, limits on an offending lawyer's right to speak, object or question witnesses, and referral to the Integrated Bar of the Philippines and the Supreme Court.  

In a companion ruling released the same day, the court acted on the prosecution's formal offer of evidence for Article II. It excluded in full the Commission on Audit records on confidential-fund disallowances at the OVP and DepEd, saying exhibits tied to Article I cannot be re-offered under Article II because that charge was withdrawn with prejudice.

Duterte, who has denied wrongdoing, begins presenting her defense on Monday, November 9.