Chiz sets P30,000 fine for sub judice violations

MANILA, Philippines — The sub judice rule will be strictly enforced in Vice President Sara Duterte’s impeachment trial as presiding officer Sen. Francis Escudero has warned of public reprimand and admonition on the first offense and a P30,000 fine on the second.

Escudero also reminded the Vice President yesterday that she is covered by the impeachment court’s two-strike policy on sub judice.

In his lengthy ruling read in open court, Escudero warned the prosecution – both the public and private panels – and the defense team that they could face contempt of court if they violate the sub judice rule.

While letting go of past lapses, Escudero warned that lawyers found breaking the rule may be referred to the Supreme Court or the Integrated Bar of the Philippines for disciplinary action.

Escudero said referrals will be based on the violations and breaches of the Code of Professional Responsibility and Accountability (CPRA) standards of courtesy, civility, fairness, candor or dignified language.

He reminded all parties that lawyers are bound by the CPRA to be professional and maintain civility in and out of court.

“The Chair hereby strictly enjoins all persons covered by Rule XVIII – you know who you are, and I know who you are – from making public statements or otherwise discussing, sharing or endorsing comments pertaining to the merits of this pending impeachment trial and from engaging in trial by publicity, as they directly threaten the independence of the court, degrade the dignity of the tribunal and risk turning it into a circus, and weaponize the media to substitute public outrage for actual evidence,” he added.

Escudero noted that while he was reading out his ruling, the Vice President issued a statement criticizing the impeachment trial as a distraction from more pressing issues like flooding and poverty, and that the case against her is full of “adornment of theatrics.”

“While the presiding officer was delivering its ruling on the applicability, limitation and who is covered by Rule 18, a statement was issued by the impeached official, the respondent, the Vice President, which clearly is covered by what the ruling earlier given by the presiding officer issued. So, given that it is done while the ruling is being issued, prospectivity would still apply,” Escudero said.

Escudero urged Duterte through her counsels “to kindly observe the ruling of the presiding officer… Because henceforth, again given the prospectivity of the ruling, the necessary action will be taken not only by the court, but also given that she is a lawyer, by what the presiding officer earlier mentioned in relation to CIPRA and in relation to the Office of the Bar Confidant. Kindly inform her, (Duterte lead counsel) Attorney Shiela (Sison),” he said.

“With respect to prior statements or conduct covered by Rule XVIII, the Chair shall extend grace, exercise liberality and wipe the slate clean – tabula rasa, so to speak. From this point forward, however, Rule XVIII shall be strictly enforced and given full force and effect,” he added.

Escudero made the ruling after House private prosecutor Amando Ligutan delivered a speech defending his Facebook post about misleading questions not being allowed during cross and direct examination, a jab at defense lawyer Kristine Ferrer’s tense exchange with House private prosecutor Lorna Kapunan

Escudero handed down strict impartiality rules barring counsels from both sides from posting commentaries on social media and discussing the case in public.

Addressing the chamber, Escudero ruled that any ethical grievances must be directed exclusively to the Senate committee on ethics and privileges rather than debated on the trial floor.

“Where a senator-judge is alleged to have violated the impeachment oath, Rule three, Rule 18 or any other applicable rule of the Senate, an available institutional remedy within the Senate is the filing or referral of an ethics complaint to the Senate committee on ethics and privileges in accordance with the internal rules of the Senate,” Escudero said.

He emphasized that before penalizing the prosecution and defense panels for trial by publicity, the Senate must first put its own house in order.

While acknowledging that senators have reasonable leeway to propound searching questions to witnesses to elicit the truth, Escudero said inquiries to counsels and witnesses “must remain relevant, material, fair and directed toward clarification of truth.”

“It must not devolve into a speech, harassment, partisan advocacy or an announcement of a conclusion already reached,” Escudero warned.

He also reminded the chamber that regular parliamentary courtesies remain binding under Senate rules.

“Henceforth, I hope senator-judges shall refrain from unparliamentary remarks, personal attacks, invitations of improper motive and other language incompatible with the dignity of these proceedings and of parliamentary courtesy to other people,” he said.

“That obligation rests upon every senator-judge to decide solely upon the record, under the Constitution and under our rules, and in a manner worthy of the confidence of the people to whom this court is ultimately accountable,” he added.

As Escudero delivered his ruling on impartiality, Sen. Pia Cayetano was not seen in the session hall.

Cayetano is currently facing an ethics complaint filed before the Senate ethics committee by women’s rights advocates, academics and civic groups over a video posted on her Facebook account in late July.–  Daphne Galvez, Mark Ernest Villeza, Neil Jayson Servallos