Sub judice rule should also be applied to Sara Duterte – House prosec

MANILA, Philippines — The Senate impeachment court’s sub judice rule should also be applied to the recent statements of Vice President Sara Duterte, particularly her remarks assailing the integrity of the court.

The House prosecution panel made this suggestion on Thursday.

House prosecution spokesperson Rep. Zia Alonto Adiong made the pronouncement after confirming that two members of their panel have already received the show–cause orders issued by the impeachment court for alleged violation of the sub judice rule.

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READ: Impeach court orders some prosecs to explain possible violation of sub judice

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“If we’re really to set the standard for all parties involved in this impeachment trial to observe with due diligence avoiding violating the sub judice— it should be applied to the respondent herself,” said Adiong in a press conference.

“Unfortunately, she has been uttering words that not only attacks the case,” he pointed out.

“In fact, it does not attack the case of the prosecution. It actually attacks and assails the integrity of the court by saying that she has no confidence in the court, by saying that those sitting there are held or are influenced by Malacañang,” he recalled.

According to Adiong, the vice president’s own counsel should advise her to refrain from releasing statements that either “insults” or “weakens” the court.

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Adiong was referring to Duterte’s recent remarks, including one where she claimed that President Ferdinand Marcos Jr. has control over the Senate, fiscal, judges and the police.

Duterte also recently openly stated that she “does not trust the court,” in reference to the criminal charges she faces for grave threats.

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READ: Sara Duterte posts bail: ‘I don’t trust the court’

“Those kinds of statements should be called out by the [impeachment] court,” said Adiong.

In comparison, the prosecutors who are in receipt of the show-cause orders, according to Adiong, merely tackled the case being discussed, and did not touch matters that haven’t been discussed yet.

Asked if he believes the Senate impeachment court is giving Duterte special treatment, Adiong simply responded that the sub judice rule “should be applied universally.”

He said he does not want to advise the court what to do as it solely in its prerogative what actions it will take.

It should be noted, however, that back in August, Presiding Officer and Senator-judge Francis “Chiz” Escudero already directed the defense team to remind their client that the sub judice rule also applies to her.

READ: Escudero to lawyers: Tell VP Duterte to follow sub judice rule

Adiong maintained that necessary actions should also be taken against Duterte if she will violate this rule in the future.

The sub judice rule under Rule 18 of the Rules of Procedure on Impeachment Trial bars both the prosecution and defense teams, their witnesses, the respondent, and senator-judges from publicly commenting on the merits of the pending case.

Sub judice rule violators will face public reprimand with admonition on their first strike.

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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 them for their subsequent violations. /apl