Can Trillanes hold a presser after withdrawing as impeachment trial witness?

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Former senator Antonio Trillanes IV on Thursday asked the House prosecutors to withdraw his name from being a witness in the ongoing impeachment trial of Vice President Sara Duterte, saying he would hold a press conference instead.

But is Trillanes covered by the sub judice rule, or the ban on parties from discussing the merits of the impeachment case outside the trial proceedings?

One law expert, San Beda University law professor Adonis Gabriel, said that whatever Trillanes will say in his upcoming press conference cannot be considered as evidence.

"Technically hindi siya evidence na iko-consider ng impeachment court sa pagde-desisyon. Kaya lang, again, sui generis ang impeachment trial. Mailalahad na ni former senator Trillanes kung ano yung mga impormasyon na gusto niya ipresenta sa impeachment trial," he said in an interview with Pia Arcangel.

(Technically, it would not be considered evidence that the impeachment court must consider in its decisions. But again, this impeachment trial is sui generis [in a class by itself]. [At the press conference,] former senator Trillanes will be able to divulge what information he wanted to present at the impeachment trial.)

Gabriel said the former senator is not covered by the sub judice rule as he is not an involved party or a counsel in the trial. Hence, the trial will not be compromised if he decides to make statements during a press conference.

"Hindi covered si former Senator Trillanes nung sub judice rule...kung hindi siya partido, hindi rin siya counsel. Pwede niyang gamitin yung karapatan niya bilang mamayan na right to freedom of speech, freedom of expression,” he told GMA News.

(Former senator Trillanes is not covered by the sub judice rule... he is not a party [to the trial], nor is he counsel. He can exercise his right as a citizen to freedom of speech and freedom of expression.)

The law professor said that Trillanes would have more freedom to share what he can as compared to a trial witness.

“Which is mas malawak 'yan kaysa sa karapatan ng mga testigo sa impeachment trial. Dahil walang mag-o-object, walang magde-determine ng kung ano ang extent ng pwede niya isiwalat,” he added.

([His ability to speak at the press conference will be] broader than the rights of witnesses in an impeachment trial. Because no one will object, and no one will determine the extent of what he can disclose.)

At their press conference on Thursday, members of the House prosecution and private prosecutors panel said the public should watch Trillanes' press conference.

"Let us watch [former] senator Trillanes' presscon tomorrow," House lead prosecutor Representative Gerville Luistro of Batangas said.

Earlier this week, the prosecutors sought Trillanes to stand as their next witness in relation to funds and bank accounts as the impeachment court tackles Duterte's alleged unexplained wealth.

However, Senate impeachment court presiding officer Francis "Chiz" Escudero rejected the request to subpoena Trillanes.

Likewise, Ateneo Policy Center senior research fellow Michael Henry Yusingco said the sub judice rule only covers those involved in the trial proceedings.

"The sub judice rule only covers the senators, the respondent, and the counsels on both sides. It doesn't cover the public," he told GMA News Online in a message.

The Senate impeachment court decided to move the next trial session to Monday, October 5 after it granted the defense panel’s request to prepare for prosecution’s direct examination of Anti-Money Laundering Council executive director Ronel Buenaventura. — BM, GMA News