The Senate impeachment court has ruled that the sub judice principle will continue to govern all articles of impeachment filed against Vice President Sara Duterte, encompassing even those previously dropped by the prosecution.
In a November 5 order penned by Senator Francis “Chiz” Escudero, serving as the court’s presiding officer, the tribunal acted on an appeal brought forward by Senator Francis “Kiko” Pangilinan. The resolution establishes that Rule XVIII of the Rules of Procedure on Impeachment Trials applies “with equal force to all articles of impeachment, whether withdrawn or pending adjudication.”
The directive reinforces the presiding officer’s initial August 26 order, strictly prohibiting any covered individuals from publicizing statements, remarks, or commentary concerning the ongoing trial’s merits or any elements tied to the impeachment articles.
“Any violation of this directive shall be dealt with in accordance with the strict penalty system under the guidelines set forth in the aforementioned ruling,” the order warned.
The legal question arose following an October 13 proceeding where the prosecution panel pulled Articles I, III, and IV from the complaint, leaving Article II as the sole remaining active charge. Initially, Escudero ruled that the sub judice restrictions no longer applied to the retracted counts. However, objections were raised, and Pangilinan signaled plans to contest the adjustment when proceedings resumed.
Invited by the court to formalize her position, Vice President Duterte submitted a manifestation on November 4 through her legal counsel, asserting that she was not waiving the protections of Rule XVIII and urging the tribunal to uphold the restrictions to safeguard the integrity of the judicial process.
With both Pangilinan’s appeal and Duterte’s formal response evaluated during the legislative recess, the court finalized its resolution to keep the broad gag order in place across all fronts.