Former Surigao del Norte 2nd District Representative Robert Ace Barbers has called on the Senate impeachment court to loosen its sub judice restrictions during the trial of Vice President Sara Duterte, arguing that greater flexibility is essential for public transparency.
Speaking at a media forum on Saturday, August 29, the prosecution panel adviser recommended allowing attorneys to explain courtroom developments without commenting on matters that could sway the decision of senator-judges.
“Personally ako, ang aking apela ay magkaroon ng leniency. Payagan ang ating ibang mga prosecutors as long as hindi sila magdi-discuss ng merito na makakapag-influence sa desisyon na maaaring gawin ng ating mga senator-judges,” Barbers said.
The request comes after Senator and presiding officer Francis “Chiz” Escudero issued a gag order preventing both defense and prosecution teams from discussing the substance of the case outside official proceedings. The restriction prohibits public comments regarding witness credibility, evidence strength, disputed facts, legal arguments, and potential outcomes.
Barbers proposed a compromise allowing prosecutors to recap testimony already given in open court, provided they avoid analyzing witness credibility or evidence weight.
Pointing out the unique nature of the proceedings, he emphasized that educating the public should remain a priority.
“Sabi nga, itong impeachment ay sui generis. Baka sakaling pwedeng medyo luwag-luwagan natin dahil ang pinaka-objective sana ay ma-inform ang publiko kung ano iyong totoong nangyayari,” he stated.
He further suggested that appointing dedicated spokespersons for each side would help ensure accurate reporting and counter misinformation.
“Itong pag-a-appoint ng mga designated spokespersons sa bawat panig, iyong defense at iyong prosecution, ay para magkaroon ng tama, accurate, at hindi fake news na mga impormasyon sa labas ng ating korte,” Barbers noted.
While affirming that the prosecution will respect the court’s existing rules, Barbers noted that sub judice guidelines must be strictly and equally enforced across all covered parties, including the senator-judges.