Senator Francis “Chiz” Escudero, presiding officer of the impeachment court, mandated the strict implementation of Rule 18 on Wednesday, August 26, barring trial participants, legal teams, witnesses, and senator-judges from issuing public statements on the merits of the ongoing trial.
Escudero emphasized that enforcing the gag rule is vital to safeguarding the impartiality, dignity, and integrity of the proceedings, preventing public commentary from swaying the outcome. The directive follows concerns over public remarks made by individuals subject to Rule 18, tracing back to incidents involving trial counsel on August 12.
Before restricting non-members, Escudero stressed that the tribunal must demand strict adherence to standards of decorum and fairness from its own members. He reminded senator-judges of their sworn constitutional obligation to “do impartial justice according to the Constitution and the laws of the Philippines,” as well as Rule 3 mandates requiring political neutrality.
He also cited the 2025 Code of Judicial Conduct and Accountability, which bars judges from making statements that could alter a case’s outcome, undermine procedural fairness, or erode public confidence in judicial independence.
However, Escudero clarified that these directives do not hinder senator-judges from thoroughly examining evidence or questioning witnesses.
Citing Supreme Court precedents, he noted that judges may ask direct and clarifying questions to evaluate credibility, provided that “the inquiry must remain relevant, material, fair, and directed toward clarification of truth,” rather than serving as partisan advocacy or an early declaration of a verdict.
Escudero further underscored that Senate parliamentary rules remain active during the impeachment proceedings, urging colleagues to avoid personal attacks, unparliamentary language, and imputations of improper motive.
He instructed that alleged infractions by senator-judges be referred to the Senate Committee on Ethics and Privileges to avoid distracting the court from its main trial duties.
The presiding officer stated that the tribunal would grant a clean slate for conduct prior to Wednesday’s directive.
“From this point forward, however, Rule 18 shall be strictly enforced and be given full force and effect,” he declared.
Under Rule 18, all covered parties must refrain from making public disclosures or commentaries concerning the merits of the case. Violations will be handled summarily through due process: accused individuals will receive a written show-cause order and must submit a verified answer within 24 hours.
The tribunal will enforce a “two-strike policy”. A first offense merits a permanent public reprimand on the record, while a second offense triggers a fine of up to ₱30,000 per violation. Subsequent offenses carry the same monetary fine and may result in restricting offending lawyers from examining witnesses or speaking on the Senate floor.
Errant attorneys may also be referred to the Integrated Bar of the Philippines, the Office of the Bar Confidant, or the Supreme Court for disciplinary evaluation.