THE Senate Impeachment Court on Wednesday prohibited senator-judges, prosecutors, defense lawyers, witnesses, and other involved individuals from publicly commenting on the merits of Vice President Sara Duterte’s impeachment case.
Presiding Officer Sen. Francis Escudero said the directive is based on Rule 18 of the Rules on Impeachment, which requires those involved in the proceedings to refrain from making public statements that could affect the integrity of the trial.
Escudero warned against ‘trial by publicity,’ saying public commentary could undermine the dignity of the Impeachment Court and influence public opinion before evidence is properly evaluated. He stressed that the rule seeks to balance the public’s right to information with the need to protect the proceedings from prejudgment.
The ruling came after House prosecution counsel Amando Virgil Ligutan defended a Facebook post stating that misleading questions are not allowed even during cross-examination. Ligutan maintained that his post merely clarified a procedural rule and did not discuss the strength of the evidence, legal arguments, or merits of the impeachment case.
The controversy began during an August 12 exchange between prosecution counsel Lorna Kapunan and defense counsel Kristine Ferrer while Commission on Audit auditor Xylene Mae del Campo was being cross-examined. Kapunan said misleading questions were not allowed, while Ferrer responded that they were.
Ligutan later posted on Facebook that misleading questions are prohibited even on cross-examination. Defense lawyers subsequently raised the matter before the Impeachment Court, arguing that Ferrer may have been referring to leading questions rather than misleading questions.
Duty to clarify legal issues
LIGUTAN insisted that his post was not directed at any specific defense lawyer and was intended only to correct what he believed was an inaccurate statement about courtroom procedure. He also cited his experience as a lawyer and educator, saying he considered it his responsibility to clarify legal rules for the public.
Escudero, however, reminded Ligutan that being an educator did not remove his obligations as counsel before the Impeachment Court. He also noted that the transcript of the August 12 exchange could not fully reflect overlapping statements and that Ferrer may have been responding to the reference to leading questions.
The Impeachment Court later issued broader guidelines enforcing Rule 18.
Previous statements were effectively set aside, but Escudero ordered stricter compliance moving forward and warned all parties against making public comments that could affect the pending impeachment trial.
Escudero explained that the court will implement a two-strike policy for violators.
On the first violation, the offender will receive a serious public reprimand and a firm warning delivered in open court. This sanction will also become a permanent part of the official record and will serve as the individual’s final notice.
If the same offense is committed a second time, the violator will face a P30,000 fine, according to Escudero.
All parties
THE House prosecution team said that it respects and will comply with the Senate impeachment court’s strict enforcement of Rule 18, or the sub judice rule, while expecting the same standard to apply to all parties, including Vice President Sara Duterte.
House impeachment team spokesperson Robert Ace Barbers said the prosecution will follow the court’s directives but stressed that the rule should be applied equally to the prosecution, defense, and respondent.
Deputy Speaker Jefferson Khonghun said the implementation of Rule 18 will test whether the impeachment court applies its order fairly. He said both the prosecution and defense should be held accountable for statements that may violate the rule.
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