Prosec wants fair, equal implementation of impeachment trial rules

MANILA, Philippines — All they want is a fair implementation of the Senate impeachment court’s sub judice rule, or the restriction on comments and disclosures on that may touch on the merits of the impeachment trial of Vice President Sara Duterte, members of the prosecution team said on Wednesday.

In a press briefing after a break in Vice President Sara Duterte’s impeachment trial, House of Representatives Deputy Speaker Jefferson Khonghun and impeachment spokesperson and advisor Robert Ace Barbers said they respect the court’s decision on Rule 18, assuring senator-judges that they will comply with the directives.

However, they would want a clarification on Duterte’s statements which were made while presiding officer and Senator -Judge Francis Escudero was reading the impeachment court’s decision.

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“Well, unang-una nire-respeto natin ang desisyon ng impeachment court tungkol dito sa pagpapatupad ng Rule 18 o ‘yong sub judice rule.  ((Well, first of all, we respect the decision of the impeachment court about the implementation of Rule 18 or the sub judice rule.) Of course, the prosecution panel will definitely comply with the directives of the impeachment court.  However, we also expect that this ruling, this Rule 18 must also apply to other parties, including the respondent,” Barbers said.

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“Look, ang hinahanap lang naman ng prosecution team is fairness.  ‘Pag sinisita ‘yong prosecution sa kanilang mga mga sinasabi, kailangan maging fair din na kailangan sitahin din ‘yong mga nasasabi ng depensa, at siyempre kailangan sitahin din kung ano ‘yong nasasabi ng nasasakdal dito, in this case is vice president,” Khonghun added.

(Look, what we in the prosecution panel are looking for is fairness.  When the prosecution is called out for what they say, they have to be fair also and dcall out the defense for their statements, and even the statements of the respondent here, in this case, the vice president.)

On Wednesday morning, while her trial was going on, Duterte released a statement calling out the prosecution and some members of the impeachment court.

Duterte’s latest attack on the prosecution was based on the panel supposedly relying on “theatrics” and “insults,” while saying that a senator-judge called a witness ‘stupid.’

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READ: Sara Duterte: Prosecution is resorting to ‘theatrics, insults’

Barbers said they would seek a clarification from the impeachment court on this matter.

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“While the order was being read by the presiding officer, a statement coming from the Office of the Vice President ay lumabas.  At in fact, merong kwestyon, may mga pananalita doon na nababanggit about wala naman shred of evidence daw ang pine-presenta ng prosecution.  So effectively para sa amin, ito ay isang pag-uusap tungkol sa merito no’ng kaso,” he said.

(While the order was being read by the presiding officer, a statement coming from the Office of the Vice President came out.  And in fact, there are questions because there were statements there like having no shred of evidence presented by the prosecution.  So effectively, for us, this is talking about the merits of the case.)

“Well, ‘pag ka strictly i-implement itong Rule 18, kasama dito ‘yong respondent, sa aming palagay, merong violation kasi nga kine-kwestyon ‘yong integridad ng proceedings.  And this goes beyond the merits, if you’re questioning the integrity of the court and its proceedings, eh may malaking katanungan tungkol d’yan, and […] we will seek a clarification from the impeachment court,” he added.

(Well, once Rule 18 is strictly implemented, this includes the respondent, because we think there is a violation when she questions the integrity of the proceedings.  And this goes beyond the merits, if you’re questioning the integrity of the court and its proceedings, that raises a big question, and […] we will seek a clarification from the impeachment court.)

Eventually, House lead prosecutor and Batangas Rep. Gerville Luistro asked Escudero if she can make a manifestation on the matter.  Escudero then stopped her, saying that he was well on the way to addressing the matter.

Escudero said that since Duterte’s statements were made while the ruling was being discussed, it falls under the principle of prospectivity.  However, the Presiding Officer asked the defense panel, particularly lead defense lawyer Sheila Sison, to remind her client about the matter.

“However, the presiding officer would like to remind, through the lead counsel for the respondent, her client to kindly observe the ruling of the presiding officer as well as the rules of the impeachment court, specifically Rule 18 on the subject matter,” Escudero said.

READ: Escudero to lawyers: Tell VP Duterte to follow sub judice rule

Discussions on the sub judice rule came after a manifestation from Sison last August 12, when she questioned counsel for the prosecution Amando Virgil Ligutan over a Facebook post where he said that a “principle all lawyers and law students know by heart” is that “misleading questions are not allowed even on cross-examination.”

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Sison said Ligutan did not name anyone, but he was clearly referring to counsel for respondent Kristine Ferrer — particularly the exchange between her and private prosecutor Atty. Lorna Kapunan. /gsg