Manila: The Senate impeachment court has initiated its first enforcement of the newly implemented sub judice policy, issuing show-cause orders to certain members of the House prosecution panel. This action was taken in response to potential violations concerning public discussions about the merits of Vice President Sara Duterte's case.
According to Philippines News Agency, presiding officer Francis 'Chiz' Escudero announced the issuance of the show-cause orders before adjourning the session. This move comes nearly three weeks after the court warned all involved parties about future violations of Rule 18, which would be addressed under a two-strike system.
Escudero specified that the orders were directed at certain members of the House Prosecution Panel, although he did not disclose the identities of the prosecutors involved or the specific statements that led to these orders. A show-cause order requires the alleged violator to submit a verified explanation within 24 hours. Only then will the court determine if a sanction is warranted.
Rule 18 prohibits public comments or disclosures concerning the merits of a pending impeachment trial from the presiding officer, senator-judges, prosecutors, the impeached official, their respective counsel, and witnesses. The restriction includes public statements assessing disputed facts or witness credibility, as well as comments on the legal viability of an impeachment charge.
The two-strike policy outlines that a first violation results in a public reprimand and stern admonition in open court. Subsequent offenses could result in fines up to PHP30,000 per violation, and lawyers or parties could face additional consequences, such as restrictions on speaking or examining witnesses. Legal professionals may also be referred to relevant legal bodies for potential disciplinary action.
Upon the announcement of the stricter policy, the House prosecution indicated its intent to comply, emphasizing the importance of the policy being applied uniformly to all parties covered by Rule 18. Deputy Speaker Jefferson Khonghun described the policy's enforcement as a 'litmus test' for the impeachment court, while prosecution spokespersons confirmed the panel's commitment to providing factual trial updates without commenting on the merits.
The prosecution members who received show-cause orders will now have the opportunity to present their explanations before the impeachment court decides on any potential Rule 18 violations.
