MANILA — House prosecution panel member and Manila 3rd District Representative Joel Chua has questioned the perceived one-sided enforcement of the Senate impeachment court’s sub judice rule, arguing that Vice President Sara Duterte and her camp should likewise face accountability for public remarks that potentially violate the gag order.
“Bakit lagi ang nasa-sub judice puro mga prosecutors lang?” Chua asked during a press conference on Friday, November 13.
Despite raising concerns, Chua clarified the prosecution’s stance on avoiding the appearance of unfair treatment: “Ayaw naman po namin magsabi na kami nasi-single out. Ayaw rin naman po namin na kami ay parang ang dating, parang magiging iyakin.”
Chua addressed reporters when questioned about when the prosecution plans to petition the impeachment court regarding statements made by Duterte and her defense lawyers.
He pointed out that while the defense frequently flagged remarks from prosecutors, the Vice President herself has publicly released statements that the prosecution views as violations of sub judice restrictions.
“Pero kung makikita po natin, ang mismong kliyente nila, marami rin mga binibitawan na sa aming pananaw ay subject din ng sub judice,” Chua noted.
The remarks follow renewed debate surrounding the gag rule after the impeachment court announced on November 6 that the restriction would be reinstated across all impeachment articles, including three charges previously dropped by the prosecution.
Presiding Officer Senator Francis “Chiz” Escudero had initially relaxed the rule on October 13 following the dismissal of Articles I, III, and IV concerning confidential funds misuse, bribery, and grave threats. However, the defense filed a manifestation on November 4 pushing for its continued application.
The sub judice rule restricts covered parties—including the respondent, prosecutors, counsel, and witnesses—from making public comments regarding the merits of ongoing proceedings. The impeachment trial moves forward focusing on Article II, which covers allegations of unexplained wealth against Duterte.
The controversy also arose during a post-trial briefing on November 10, where private prosecution panel member Atty. Benjamin “Jay” Tolosa Jr. stated that the panel plans to scrutinize public remarks made by the Vice President and her spokesperson, though the formal approach and timing remain undecided.
Tolosa additionally mentioned that the defense is evaluating a potential contempt motion against him over his own public statements, adding that he will address the matter officially once the motion is served.
Both Tolosa and Bicol Saro Party-list Representative Terry Ridon, another House prosecutor, have previously received warnings from the court regarding gag order violations.