Sara defense team challenges prosecution over sub judice rule claims

MANILA, Philippines — The defense panel challenged the House prosecution team to raise its allegations that Vice President Sara Duterte violated the sub judice rule before the Senate impeachment court and not the media.

“As to the statements made by the Vice President outside the court, we think the proper forum to raise that is not by going to the media or going to the public but raising this matter in the impeachment court,” defense deputy spokesman Justin Gular said over ANC.

Gular was reacting to the prosecution’s allegations that Duterte had questioned the integrity of the impeachment trial by saying that the law was being “bent.”

Gular added that while the defense respects the concerns of the prosecution, he maintained the issue should be raised in the proper forum.

“Now, to be clear, the defense stance on this is simple. The standard of sub judice rule under the impeachment rules should be applied uniformly and equally to all the parties. In other words, the standard that should be imposed upon the Vice President should also be imposed upon the prosecution,” Gular added.

He added it is up to the impeachment court to determine whether the statements made by Duterte, the prosecution and the defense fall under the sub judice rule.

“This is for the impeachment court to decide. And whatever ruling or decision that the impeachment court makes this Monday, what we can assure the public is this, the defense and the Vice President will respect it and will follow the requirements set forth, if any, moving forward,” he added.

Presiding officer Sen. Francis Escudero said he will issue a ruling tomorrow, hinting that certain members of the defense and prosecution had violated the sub judice rule.

Gular said the defense is obligated to inform the Vice President on the sub judice rule.

“Because clients speaking in public or making statements is nothing new in our profession. And it is our responsibility as lawyers to also remind our clients,” Gular added.

He said the impeachment court should issue clear guidelines on the sub judice rule.

“I think everyone can concede that certain lines are blurred as a sub judice rule. What is clear under the rules, in a plain reading of the rules, is that the parties, the senator judges, the defense counsels and even the prosecutors are prohibited from talking about the merits of the case outside the impeachment proceedings,” Gular added.

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