Escudero bars public comments on merits of VP Sara's impeachment trial
MANILA, Philippines — Senate Impeachment Presiding Officer Francis Escudero has ordered senator-judges, prosecutors, the respondent, and their respective counsels to refrain from making public comments regarding the merits of the impeachment trial.
The directive strictly enforces Rule 18 of the Rules on Impeachment, which covers the presiding officer, members of the Senate, prosecutors, the person impeached, and their respective counsels and witnesses.
“Accordingly, the Chair hereby: Directs all persons covered by Rule 18 to REFRAIN from making, sharing, endorsing, or otherwise amplifying any public statement concerning the merits of the pending trial. Counsel for both parties are further directed to observe the applicable provisions of the CPRA (Code of Professional Responsibility and Accountability),” Escudero ruled on Wednesday, August 26.
Rule 18 of the Rules of Impeachment Proceedings states that the prosecutors, respondents, counsels, and witnesses are prohibited “from making any comments and disclosures in public pertaining to the merits of a pending impeachment trial.”
The ruling came after the manifestation of lead defense counsel Shiela Sison on August 12, following a Facebook post by prosecution counsel Amando Ligutan concerning misleading questions.
Escudero also said that the ruling is meant to address the matter of parties to the impeachment trial repeatedly making public statements that touched on the merits of the pending trial, which Rule 18 expressly forbids.
With this, Escudero also ordered the designation of spokespersons who are not part of their active legal teams.
"The Chair hereby...Reiterates the Chair's suggestion that each party consider appointing a spokesperson who is not a member of its legal team," Escudero said.
Under the order, if the parties choose to retain their current spokespersons who are also counsels of record, those individuals must strictly comply with Rule 18 under pain of penalty.
Alternatively, the concerned lawyers may formally withdraw as counsel of record to serve solely as spokespersons, according to Escudero.
“Rule XVIII does not, by its terms, cover outside observers or spokespersons who are not counsel of record. Such persons, however, remain subject, when applicable, to the rules on indirect contempt and, if they are members of the Bar, to the CPRA. Counsel of record must litigate their respective causes before this Court, not in the court of public opinion through interviews, social media posts, or publicity generated, authorized, encouraged, or disseminated through surrogates,” Escudero said.
For the prosecution, the legal spokesperson is Benjamin Tolosa, while for the defense, it is former Office of the Vice President spokesperson Michael Poa. Both Tolosa and Poa are members of their respective parties.
On the 19th day of the impeachment trial, Article 1 of the Articles of Impeachment is being discussed, which tackles the unlawful use of confidential funds by the OVP and the Department of Education.
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