Manila: A second violation of restrictions against publicly discussing the merits of Vice President Sara Duterte's impeachment case may now cost covered parties PHP30,000 per offense, as the Senate impeachment court moved Wednesday to curb trial by publicity. Presiding Officer Francis 'Chiz' Escudero announced a two-strike system in enforcing Rule 18 of the impeachment rules, with a first offense carrying a severe public reprimand and stern admonition entered permanently into the court record.
According to Philippines News Agency, for a second and every succeeding violation, the court may impose the maximum PHP30,000 fine per offense and, when warranted, restrict an offending lawyer or party from speaking, objecting, or examining witnesses on the floor. Escudero stated that Rule 18 would be strictly enforced and given full effect moving forward, while earlier statements would be treated with leniency, effectively wiping the slate clean before enforcing the new standards.
Rule 18 prohibits the presiding officer, senator-judges, prosecutors, the impeached official, their respective counsels, and witnesses from publicly commenting on or disclosing matters related to the merits of a pending impeachment trial. Prohibited commentary includes evaluating disputed facts, the credibility of witnesses, the relevance or sufficiency of evidence, the viability of charges or defenses, advocating a particular outcome, or forecasting the eventual vote.
Procedural, incidental, and collateral matters, along with fair and accurate reports of court proceedings, are not subjected to the same restrictions. Before any penalty is imposed, alleged violators will receive a written show-cause order and exactly 24 hours to file a verified response. Escudero emphasized that no oral accusation or press statement would precede a formal charge, and the burden of proof would lie on the party alleging contempt, requiring evidence of willfulness or improper purpose before imposing sanctions.
Lawyers may face additional professional consequences, with records of relevant conduct possibly referred to the Office of the Bar Confidant, Integrated Bar of the Philippines, or Supreme Court for potential disciplinary action. However, such referrals do not constitute a finding of liability. Escudero clarified that these restrictions do not hinder lawyers from presenting their cases robustly within the impeachment court. He emphasized that Rule 18 requires restraint outside the courtroom but does not silence proceedings within, urging that evidence and arguments be tested in court rather than through interviews or social media.
