‘Failure to reprimand Duterte over sub judice violations poses risk’

MANILA, Philippines — Vice President Sara Duterte’s repeated attacks on the Senate Impeachment Court’s integrity pose a danger if she is not reprimanded for repeatedly violating the sub judice rule, private prosecutor Benjamin Tolosa Jr. said Monday.

Tolosa said this during a press briefing after a break on Day 30 of Duterte’s impeachment trial, when he was asked about Duterte’s statements over the weekend after she was asked about attending her trial.

Duterte responded to questions by asking whether she had to go to a zarzuela, a theater play introduced by Spanish colonizers to the Philippines during the 19th century, in reference to the impeachment court.

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“I think this is the problem if these actions by the vice president are not called out. This is not the first time that this happened. Let us remember that before this, she already said that the president has control and commands over senators, judges, fiscals in the context of impeachment proceedings,” Tolosa said.

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“And now we have this, with her saying it’s a zarzuela. Obviously, it’s an attack against the integrity of the court,” he added.

According to Tolosa, if the Senate Impeachment Court needs to check on possible sub judice-related violations, it has to look at the vice president’s remarks.

“They have to pay more attention to her,” he said.

“It is not only a violation of the sub judice rule, even contempt of court because, again, these statements are not just inflammatory, but they attack the integrity of the court. That’s why we cannot take this lightly,” he added.

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Prosecution spokesperson and impeachment adviser Robert Ace Barbers agreed with Tolosa, saying this was not the first time that Duterte insulted the impeachment court.

Barbers was referring to Duterte’s statements that the senator-judges are under the control of President Ferdinand Marcos Jr., a matter that Tolosa also raised as early as Sept. 18.

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READ: Sub judice rule? Tolosa notes VP claim that Marcos controls Senate

“The impeachment court should study this because this has not happened once where insults were dropped by our vice president against the impeachment court itself. This questions the integrity of the court,” Barbers said.

“We can see that she is ably represented by her lawyers. And yet she issues statements that are insulting and attack the integrity of the impeachment court. So this should not be allowed to pass. The impeachment court should check on this,” he added.

‘Mind-conditioning‘

If left unchecked, Duterte’s statements could “condition” the public to view any decision unfavorable to her as unfair, Tolosa said.

“So our request here is again, equal application of the rules. Show us that you are not avoiding anything, that anyone is within the scope of the rules on impeachment proceedings, and this should be applied with equal force, equal strength. If we will be strict, it should be for everyone,” he added.

Tolosa is one of the two members of the prosecution panel who have been issued show-cause orders regarding possible sub judice rule violations. The other is public prosecutor and Bicol Saro party-list Rep. Terry Ridon.

In a separate interview on Monday, Ridon said the Senate Impeachment Court had considered his explanation as to why he should not be cited for violating the sub judice rule over his comments, with the court instead issuing a stern warning against him.

READ: Ridon says trial remarks meant to explain, not influence impeach court

Tolosa has not yet announced whether the impeachment court also issued its decision on his case.

A stricter implementation of the sub judice rule came after a manifestation from lead counsel for respondent Sheila Sison last Aug. 12, when she questioned prosecution counsel Amando Virgil Ligutan over a Facebook post.

In response to this manifestation, Impeachment court Presiding Officer Francis Escudero said last Aug. 26 that while they would no longer punish previous violations, the ruling would apply to all parties moving forward.

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For lawyers representing the prosecution and defense, public reprimand with admonition awaits sub judice rule violators on their first strike, while a monetary fine of P30,000, with the possibility of being restricted from speaking, objecting, or examining witnesses on the floor, may be imposed upon subsequent violations. /mcm