Court lifts sub judice rule on dropped impeachment articles

MANILA, Philippines — The Senate impeachment court lifted on Tuesday the sub judice rule on impeachment articles I, III and IV, pertaining to Vice President Sara Duterte’s alleged misuse of confidential funds, bribery and grave threats, respectively.

This comes after the court allowed the House prosecution panel to withdraw the three articles, leaving in focus only one charge – article II or Duterte’s supposed unexplained wealth.

“The sub judice rule shall no longer cover the withdrawn articles, namely, Article I, III, and IV…  The separate merits of Articles I, III, and IV are no longer pending for adjudication. Accordingly, the prosecutors, the Respondent, their respective counsel, and witnesses may publicly address, explain, and respond to any matter contained in those withdrawn Articles,” Presiding Officer Francis “Chiz” Escudero declared. 

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READ: Impeachment court approves prosec’s move to drop 3 of 4 charges vs VP

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According to the Rule 18 of the Senate impeachment court, all parties are prohibited from making public statements regarding the ongoing case, but with the cases now dropped, the sub judice rule no longer applies.

Escudero clarified, however, that documents protected by confidentiality and privacy laws must still be protected.

“The freedom to discuss the allegations in the withdrawn Articles however, does not authorize the unrestricted disclosure or dissemination of evidence presented in connection with them… Evidence subject to any such protection shall not be copied, reproduced, photographed, circulated, published, uploaded, transmitted, except as expressly permitted by law,” he said. 

But lead defense counsel Sheila Sison objected to the lifting of the sub judice rule, cautioning that the doing so would allow “unregulated and unbridled exercise” of public statements that may compromise Duterte.

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“We actually object to the abandonment of Rule 18 if we are to be true and faithful to the rationale and wisdom of the sub judice rule that not only permeates this court, it permeates the entire judicial system,” Sison pointed out.

She further warned that the lifting would promulgate a “free-for-all” in accusing Duterte without consequence.

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Sison added: “It is needed to maintain the integrity of the proceedings. There should not be any single instance or occasion that this should be abandoned in the middle of trial and right before the defense or respondent presents her case.”

READ: Sison hits prosec: Why withdraw case after presenting evidence vs Duterte?

To this, Senator-judge Francis Pangilinan made a motion to reconsider the portion of Escudero’s ruling.

He said: “I actually expected that the respondent’s counsel to agree to it so that they would have the opportunity to speak out,  but since they have objected to it and expressed their opportunity to it.” 

Escudero also explained that the lifting of the rule was specifically to allow Duterte to speak on the evidence that will no longer be used for the court’s verdict.

“Consideration for making rule 18 no longer applicable to Article I, III, IV is so as not to shackle the respondent. An allegation has been made that the respondent is not allowed to  answer within court, then there’s rule 18 – the respondent is not allowed to answer outside of the court? So it was an attempt to… allow it,” Escudero stated.

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After Pangilinan made the motion, Escudero took it in advisement, which would only “activate” once the respondent has spoken to Duterte and has replied to the ruling on its client’s preference. /das