House prosecutors hit VP Sara over remarks on impeachment court

MANILA – The House of Representatives prosecution panel said Thursday Vice President Sara Duterte should be the one called out for allegedly undermining the integrity of the Senate impeachment court through her repeated public statements questioning the impeachment proceedings.

House prosecution spokesperson Rep. Renee Co of the Kabataan party-list made the statement as the Senate impeachment court prepares to rule on alleged violations of Rule 18, which bars parties from making public comments or disclosures on the merits of a pending impeachment trial.

Presiding Judge Francis “Chiz” Escudero is expected to issue the ruling on Monday.

“Ultimately, kung may dapat sitahin ang impeachment court, si VP Sara iyon (if there is anyone the impeachment court should call out, it is VP Sara),” Co said in a briefing.

She said Duterte’s remarks accusing the impeachment process of “bending the law” were particularly troubling because they came from the respondent herself.

The lawmaker also cited Duterte’s official statement on the fourth day of the impeachment trial, in which the Vice President alleged that the evidence against her had been fabricated and described the proceedings as a waste of public resources.

Equal enforcement of rules

Co said the tribunal must protect its authority and enforce its rules equally against all parties.

“Kung bawal bastusin ang impeachment court, dapat bawal para sa lahat (If it is prohibited to disrespect the impeachment court, the prohibition must be for everyone),” she said, stressing the prosecution’s call for “one court, one standard.”

Lawyer Benjamin Tolosa Jr., counsel and spokesperson for the House prosecution panel, said parties to a case may criticize what happens during proceedings but should not be allowed to attack the integrity of the court itself.

He said Duterte should instead raise her objections before the impeachment court and directly answer the allegations against her.

Call for fairness

House prosecutor Rep. Chel Diokno of Akbayan party-list, meanwhile, said the sub judice rule should be applied fairly and does not prohibit factual reporting on what happens during a hearing or reasonable explanations of legal principles.

“Ang panawagan lang siyempre, ng lahat ng panig ay dapat maging patas, even-handed ang application ng lahat ng Rules of the Senate on impeachment cases (The call, of course, from all sides is that the Rules of the Senate on impeachment cases should be applied fairly and even-handedly),” Diokno said.

He said consistency in the application of the rule would be tested as the trial progresses, urging the tribunal to apply the same standards to the prosecution, defense, and senator-judges.

“We do hope, and we will continue to push for equality and even-handedness in the application of all the rules that would apply to the prosecutors and the others who are part of the prosecution team, pati sa (also the) defense at pati rin sa (and also the) members ng (of the) impeachment court,” Diokno said.

Tolosa added that the sub judice rule covers not only lawyers but also the parties themselves, including the respondent. He said an attack on the integrity of the court could potentially go beyond a sub judice violation and constitute contemptuous conduct.

Co said the prosecution recognizes Duterte’s right to defend herself but noted that neither the Vice President nor her lawyers should be given special privilege to undermine the tribunal.

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