MANILA, Philippines — Senate impeachment court Presiding Officer Francis “Chiz” Escudero has drawn a firmer line against public commentary on the merits of Vice President Sara Duterte’s impeachment case, reminding everyone covered by the court’s rules that the proceedings must be fought inside the courtroom—not in the court of public opinion.
On Wednesday, August 26, during the 19th day of Duterte’s impeachment trial, Escudero ordered senator-judges, prosecutors, Duterte herself, their respective lawyers, and witnesses covered by Rule 18 of the Senate’s Rules on Impeachment Proceedings to refrain from making, sharing, endorsing or amplifying public statements concerning the merits of the pending case.
The directive effectively puts the Senate impeachment court’s sub judice rule under stricter enforcement.
The rule is intended to protect the integrity of an ongoing judicial or quasi-judicial proceeding by preventing participants from publicly arguing matters that could influence public opinion or prejudge the case while it is still being heard.
Escudero said the restriction covers public statements that evaluate disputed facts, question or assess the credibility of witnesses, weigh the relevance or sufficiency of evidence, argue for or against an impeachment charge or defense, or predict how the case should ultimately be decided.
Escudero asks defense to remind Duterte
In a separate development during Wednesday’s proceedings, Escudero asked Duterte’s defense team to remind the Vice President about the sub judice rule.
The development comes amid a continuing dispute over public statements made by people connected to both sides of the impeachment trial.
Earlier in August, Duterte publicly criticized the proceedings, including describing the trial as being marked by what she called “bending the law.” House prosecutors subsequently argued that the same restrictions should apply to Duterte if her public statements touch on the merits of the impeachment case.
House prosecution spokesperson Rep. Zia Alonto Adiong had previously said the rule should apply equally to the prosecution, defense and Duterte, emphasizing that anyone who violates the Senate impeachment court’s rules should be called out regardless of which side they represent.
House lead prosecutor Rep. Gerville “Jinky Bitrics” Luistro likewise called for uniform and fair enforcement of the rule, saying restrictions should apply to all parties involved in the proceedings.
A warning that now comes with consequences
Escudero’s latest ruling goes beyond simply reminding participants to be careful with their public statements.
According to the Philippine News Agency, the impeachment court adopted a two-strike approach to violations of the publicity restrictions.
A first violation may result in a severe public reprimand and stern admonition entered into the court record. A second and succeeding violation may carry the maximum ₱30,000 fine per offense, while the court may also restrict an offending lawyer or party from speaking, objecting or examining witnesses on the Senate floor when warranted.
Escudero clarified that the court would treat earlier statements more liberally and would apply the stricter standard prospectively.
That means the court is effectively drawing a line between previous conduct and statements made after the new enforcement standard was announced.
Lawyers face additional professional consequences
The order also has implications for lawyers participating in the trial.
Escudero directed counsel for both sides to observe the applicable provisions of the Code of Professional Responsibility and Accountability (CPRA).
Philstar reported that Escudero also reiterated his suggestion that both sides designate spokespersons who are not members of their active legal teams. Lawyers who remain counsel of record must comply with Rule 18 and could face consequences for violations.
The ruling comes after a controversy involving a social media post by prosecution counsel Amando Ligutan. Defense lawyer Sheila Sison had raised concerns about the post during the proceedings, prompting the court to address public commentary surrounding the trial.
Why the ruling matters
The Senate impeachment court is currently hearing allegations involving Duterte’s use of confidential funds during her tenure as Vice President and as education secretary.
On the 19th day of trial, the defense was proceeding with its questioning of Office of the Vice President Assistant Chief of Staff Lemuel Ortonio, who had testified about the processing and use of confidential funds.
The sub judice controversy therefore comes at a particularly sensitive stage of the proceedings, with both prosecution and defense publicly defending their respective positions while witnesses continue to testify.
The Senate impeachment court’s latest order is designed to keep those arguments within the formal proceedings and prevent the case from turning into a parallel battle through interviews, social media posts and public statements.
ABS-CBN reported that Escudero specifically framed the stricter enforcement as a measure against “trial by publicity.”
What happens next?
For now, the message from the impeachment court is clear: participants covered by Rule 18 are expected to argue their positions before the senator-judges—not through the media or social media.
And with the court now prepared to impose stronger sanctions for repeated violations, the next public statement touching on the merits of Duterte’s impeachment case could carry consequences that earlier remarks did not.
The trial itself continues, with the Senate impeachment court still hearing evidence and testimony before eventually deciding the case.
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