MANILA, Philippines — The Senate impeachment court has tightened restrictions on public statements surrounding the impeachment trial of Vice President Sara Duterte, barring senator-judges and lawyers for both the prosecution and defense from publicly discussing the merits of the case while proceedings are ongoing.
Presiding officer Francis “Chiz” Escudero announced the ruling on Wednesday, August 26, as the Senate impeachment court continued hearing the case against Duterte.
The restriction is prospective, meaning it applies to statements made after the ruling was issued on August 26. Statements made before the ruling are not automatically covered by the new directive, according to Escudero.
The ruling is rooted in the Senate’s impeachment rules, particularly the sub judice principle, which is intended to prevent participants in an ongoing case from publicly discussing its merits in a way that could affect the proceedings or raise questions about the impartiality of the tribunal.
However, the restriction does not mean that all public discussion about the impeachment trial has been prohibited.
Escudero clarified that spokespersons for the prosecution and defense are not covered by the ruling and remain free to make public statements.
Why the Senate imposed the restriction
The issue gained momentum after repeated disputes over public statements made by lawyers involved in the trial.
Earlier this month, defense counsel Sheila Sison questioned a social media post by private prosecutor Amando Virgil Ligutan that appeared to comment on issues arising from courtroom exchanges involving the defense.
Sison argued that such comments could violate the impeachment rules prohibiting participants from publicly discussing the merits of the pending case.
Escudero subsequently said the court had been monitoring public statements from the parties and warned that some participants had repeatedly crossed the line.
The controversy has therefore moved beyond a single social media post, with the impeachment court now establishing clearer boundaries for what senator-judges and trial lawyers may say publicly while the proceedings continue.
Rule applies to senator-judges and lawyers
The restriction is particularly significant for the senator-judges because they will ultimately evaluate the evidence and decide the impeachment case.
Earlier reporting from Philstar noted that the Senate’s impeachment rules prohibit the presiding officer and senators from making public comments or disclosures concerning the merits of a pending impeachment trial. The same restriction extends to prosecutors, the impeached official, their respective counsel and witnesses.
The purpose is to preserve the appearance and reality of an impartial proceeding while evidence is still being presented.
Senate impeachment court spokesperson Reginald Tongol had previously emphasized that the rule was designed to prevent public statements that could affect perceptions of the senator-judges or compromise the integrity of the proceedings.
Prosecution had called for equal enforcement
The development comes after House prosecutors urged the impeachment court to apply the sub judice rule consistently to everyone involved in the proceedings.
On August 25, House lead prosecutor Gerville “Jinky Bitrics” Luistro said restrictions should apply equally to prosecutors, defense lawyers, senator-judges and Duterte herself.
Luistro said the prosecution was prepared to follow whatever parameters the impeachment court established, but stressed that the same standard should apply across the board.
The prosecution’s position came amid criticism over public statements attributed to various participants in the impeachment proceedings.
The Philippine News Agency previously reported that prosecutors had also questioned statements from Duterte herself concerning the impeachment process, while defense and prosecution representatives continued to debate how broadly the sub judice rule should be interpreted.
The trial continues despite the restrictions
The new directive does not stop the impeachment proceedings.
The Senate impeachment court remains in the process of hearing evidence in the case against Duterte. On August 26, the trial entered its 19th day, with the prosecution continuing its presentation of witnesses and evidence involving, among other matters, the Office of the Vice President’s confidential funds.
The court previously retained a prosecution-first format, meaning the House prosecution team will complete its presentation of evidence before the defense formally presents its own case.
The Supreme Court has also dismissed petitions challenging the House impeachment proceedings on the ground of mootness after the Articles of Impeachment had already been approved and transmitted to the Senate. The dismissal did not constitute a ruling on Duterte’s guilt or innocence or on the substantive merits of the impeachment allegations.
That distinction is important: the impeachment trial itself remains the venue where the allegations against Duterte will be litigated and where the senator-judges will eventually assess the evidence.
What the new ruling means
In practical terms, the Senate’s latest directive creates a clearer separation between reporting what happens inside the courtroom and publicly arguing whether the evidence proves or disproves the impeachment allegations.
Senator-judges must avoid public statements that could be interpreted as taking a position on the case, while lawyers involved in the trial are similarly restricted from publicly arguing the merits outside the courtroom.
At the same time, the court has clarified that designated spokespersons may continue communicating with the public.
The distinction could become increasingly important as the trial progresses, particularly as more witnesses testify and disputed evidence is presented.
For now, the message from the impeachment court is clear: arguments over the merits belong inside the tribunal, while public communications must stay within the boundaries set by the court.
And with the trial still underway, the bigger question remains unanswered: what will the senator-judges ultimately make of the evidence once both sides have finished presenting their cases?
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