Senate impeachment court applies sub judice rule to all articles of impeachment

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The Senate impeachment court has ruled that the sub judice principle would be equally applied to all Articles of Impeachment leveled against Vice President Sara Duterte, including the three that were dropped by the prosecution.

In an order signed by presiding officer Francis “Chiz” Escudero, the impeachment court resolved that the sub judice principle under Rule 18 of the Rules of Procedure on impeachment trials shall apply “with equal force” to all articles of impeachment, whether withdrawn or pending adjudication.

This, after the defense panel filed a manifestation on November 4, stating that Duterte is not waiving Rule 18 and that the impeachment court must maintain and enforce the sub judice rule “to preserve the integrity of the proceedings and ensure that her constitutional rights are respected.”

On August 26, Escudero issued a ruling barring senator-judges, as well as counsels of both the prosecution and the defense, from speaking on the merits of the impeachment case against the Vice President.

This is in compliance with Article 18 of the Rules on Impeachment which provides that the presiding officer, the members of the Senate, “shall refrain from making any comments and disclosures in public pertaining to the merits of a pending impeachment trial” and that “the same shall likewise apply to the prosecutors, the person impeached, and their respective counsel and witnesses.”

The impeachment court, in the latest order, upheld and reiterated the August 26 ruling and enjoined all persons covered to refrain from making, issuing, or promoting any public statement or commentary concerning the merits of the pending trial or any matter encompassed by the Articles of Impeachment.

The court stressed that any violation of the directive shall be dealt with in accordance with the penalty system under the guidelines set by the ruling.

During the trial on October 13, the House prosecution panel dropped three out of the four Articles of Impeachment leveled against the Vice President, saying its case would stand on Article II alone on alleged unexplained wealth due to non-full declaration of assets and non-divestment of business.

The withdrawn impeachment articles were: Article I on confidential funds, Article III on bribery, and Article IV on assassination plot, grave threats, and inciting to sedition against President Marcos, First Lady Liza Araneta-Marcos, and former Speaker Martin Romualdez. — RSJ, GMA News