House prosecutors: Sub judice rule also applies to VP

MANILA, Philippines — Vice President Sara Duterte should be subject to the same sub judice rule as everyone involved in her impeachment trial, a House prosecution spokesperson said on Sunday, as the Senate prepares to rule on possible violations of the rule.

Lanao del Sur Rep. Zia Alonto Adiong said the rule should apply equally to the prosecution, the defense and Duterte, regardless of which side they represent.

The sub judice rule restricts parties in a pending case from publicly discussing matters that could touch on its merits, helping protect the integrity of judicial proceedings.

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“When it comes to promoting and upholding the integrity of the court, whoever it may be, whichever side they may belong to, and if they have done or said something that violates the rules of our Senate impeachment court, they should really be called out,” Adiong said in a statement in Filipino.

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READ: Prosecutors: Court should call out VP Duterte’s ‘bending the law’ quip

“We have been compliant, and very respectful of all the directives issued by the court,” he added.

The issue is expected to gain clarity on Monday, when impeachment court presiding officer Francis Escudero is expected to issue a ruling on the sub judice rule. The decision could determine whether statements by Duterte’s lawyers or prosecutors warrant a reprimand or other sanction.

Adiong questioned why Duterte should be treated differently if her own public remarks touch on the impeachment proceedings.

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“That is precisely why there is a sub judice rule, because it is meant to promote, protect, and preserve the integrity of the impeachment court’s proceedings,” he said.

Duterte said on Aug. 6 she had no need to disrupt the impeachment proceedings because, in her view, the trial was already chaotic and marked by actions that were “bending the law.”

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Prosecution adviser Robert Ace Barbers also called for even-handed enforcement, saying the credibility of the impeachment court could suffer if the rule were applied selectively.

“It cannot be strict with one but lenient with another,” Barbers said in a separate statement in Filipino. “The credibility of the impeachment court depends not only on the rule itself, but on its fair and impartial enforcement.”

OVP budget

The sub judice issue could also affect Duterte’s appearance before the Senate during the 2027 budget deliberations.

Senate President Sherwin Gatchalian said on Sunday Duterte could still defend the proposed budget of the Office of the Vice President (OVP), but senators should avoid discussing matters already being heard by the impeachment court.

The Senate, sitting as an impeachment court, is examining allegations involving the supposed misuse of P612.5 million in confidential funds allotted to the OVP and the Department of Education during Duterte’s tenure from 2022 to 2024.

“Now that it is already part of the case, discussing it further during the [budget] hearing would be sub judice. So let’s just respect the impeachment court and the impeachment process,” Gatchalian said in a dzBB interview.

The Senate has seen heated exchanges with Duterte before.

During a 2024 budget hearing, a proposed P10-million allocation for the publication of Duterte’s children’s book, “Isang Kaibigan (A Friend),” led to a testy exchange between her and Sen. Risa Hontiveros.

The allocation was included under a P100-million “Pagbabago Campaign, A Million Learners and Trees” program in the OVP’s proposed budget.

Hontiveros questioned the propriety of using public funds for the book, which tells the story of an unlikely friendship between an owl and a parrot. Its back page carries a profile of Duterte describing her government roles and calling her a “true friend.”

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Duterte, who was then defending the OVP’s proposed P2.037-billion outlay, accused Hontiveros of politicizing the budget request. Hontiveros reminded her that scrutinizing government spending was part of the Senate’s job. /cb