Presiding Officer Francis “Chiz” Escudero issued a strict directive on Tuesday, September 1, prohibiting witnesses from carrying or using electronic communication devices while testifying before the Senate impeachment court to safeguard the integrity of the trial.
The ruling follows the viral spread of an AI-generated image suggesting that former Office of the Vice President Assistant Secretary Lemuel Ortonio wore an earpiece during his testimony.
Escudero clarified that the image is not part of the official court record and provides no evidence of wrongdoing.
“The Chair therefore makes no finding against him,” Escudero stated.
However, Escudero emphasized the necessity of a uniform measure to prevent external interference, coaching, or tampering during testimonies.
“Testimony must be the witness’s own and must remain free from tampering, coaching, or outside influence,” Escudero said.
Citing foreign legal precedents as persuasive reference under established Supreme Court doctrine, Escudero referenced the February 2026 U.S. case Villarreal v. Texas, highlighting Justice Samuel Alito’s concurring opinion that testimony must not be “scripted or choreographed by counsel.”
He also cited the 2010 U.S. ruling Sky Development, Inc. v. Vistaview Development, Inc. regarding the risks of real-time electronic coaching.
“The Court need not wait for actual coaching to occur,” Escudero remarked. “Once testimony is compromised, the harm to the truth-seeking process may be impossible to cure.”
Under the newly implemented rules, witnesses are strictly forbidden from possessing or using cellphones, smartwatches, earpieces, headsets, smart glasses, or any communication-capable equipment while on the stand. The ban extends to official hearing breaks until the witness is fully discharged, during which they are also barred from discussing their testimony with others.
Exceptions for medical, accessibility, interpretation, or evidentiary devices require prior authorization from the presiding officer.
The Clerk of the Impeachment Court will collect all prohibited devices before witnesses take their oath, with any violations subject to immediate reporting and potential contempt citations.