FACT CHECK: Escudero didn’t say prosecution ‘fabricated’ allegations vs VP Sara

Escudero was reading out examples of statements that allegedly violated the sub judice rule; the misleading video took these remarks out of context

AT A GLANCE

• The misleading video clip misrepresented Escudero's statements; he was actually quoting remarks that allegedly violated the sub judice rule — he did not make these statements himself.
• Escudero emphasized the importance of adhering to the sub judice rule during the ongoing impeachment trial.
• The impeachment trial against Duterte is ongoing, with her facing multiple allegations, including misuse of confidential funds and unexplained wealth.

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Claim: Impeachment trial presiding officer Senator Francis “Chiz” Escudero ruled that the prosecution invented the allegations of unexplained wealth against Vice President Sara Duterte.

Rating: FALSE

Why we fact-checked this: The claim was posted on August 31 by the Facebook page Makata Ng Bayan, which currently has over one million followers.

The video bearing the claim has gained more than 23,000 likes, 1,700 comments, and 3,000 shares as of writing.

Text overlaid on the clip reads, “Gawa gawa lang pala ng prosecution ng gobyerno ang lahat ng mga ito. Wala na tapos na. OVP panalo na.”

(All of this was made up by the government prosecution. It’s all over. The Office of the Vice President has won.)

The video shows Escudero saying, “Quote, ‘Itong mga bank records, bank records don’t lie. Hindi na ho ito puwedeng ma-spin — iyan at sabihin gawa-gawa lang ng prosekusyon ng gobyerno itong mga usapin ng unexplained wealth ng Vice President.’”

(Quote, ‘These bank records, bank records don’t lie. This can no longer be spun — to say that the government prosecution simply fabricated these issues regarding the Vice President’s unexplained wealth.’)

The same video was also reposted across various pages and groups on Facebook.

The video clip, along with the overlaid text, gave the impression that Escudero himself made a statement that the prosecution supposedly fabricated the allegations levied against Duterte in the impeachment trial. Several social media users believed the claim, commending Escudero for allegedly calling out the prosecution and ruling in favor of Duterte.

The facts: Escudero did not say the prosecution fabricated the allegations against Duterte, nor did he conclude the impeachment trial in the Vice President’s favor.

The clip is an excerpt from Escudero’s ruling on August 26 in which he said the impeachment court would strictly enforce the sub judice rule, which states that senator-judges, prosecutors, witnesses, defense, and the respondent must refrain from making any public comments and disclosures about the merits of a pending trial.

In his ruling, Escudero directly quoted several statements that allegedly violated Rule XVIII of the Senate impeachment rules. This included the quote cited in the video clip circulating online. The video excerpt took the full quote out of context, misrepresenting it as Escudero’s conclusion that the prosecution made up the allegations against Duterte.

Escudero later said the impeachment court decided to overlook past violations of the sub judice rule, but will strictly implement it moving forward. (READ: Sara Duterte trial: Whose soundbites did Escudero flag?)

Sara Duterte impeachment: The impeachment trial is ongoing, having concluded its ninth week. (LIVE UPDATES: Impeachment trial of Vice President Sara Duterte)

During the 21st day of the trial on September 2, former Department of Education spokesperson and chief of staff Michael Wesley Poa took the witness stand. During the trial, he confirmed that he drafted a response to the 2024 Commission on Audit findings on the education department’s use of confidential funds. However, he said he was unaware that the funds were transferred to Duterte’s security officer, Colonel Dennis Nolasco.

Poa also testified that the funds were used to gather information in specific areas to intervene against violent extremism and recruitment.

Duterte is the first and only public official to be impeached twice by the House of Representatives. She is accused of alleged misuse of confidential funds, unexplained wealth, bribery of Department of Education officials, and grave threats against President Ferdinand Marcos Jr. and his family. – Lourence Angelo Marcellana/Rappler.com

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