VP Duterte’s ‘bending the law’ quip should be called out by court – prosecutors

MANILA, Philippines — The Senate impeachment court has been urged by the prosecution panel in Vice President Sara Duterte’s impeachment trial on Thursday to scrutinize her public statements questioning the integrity of the proceedings.

The prosecution panel said Vice President Duterte’s claim that the law was being “bent” could itself fall under the sub judice rule.

The impeachment court should apply one standard to everyone involved in the proceedings and, if necessary, call out Duterte for remarks that could undermine public confidence in her trial, said Prosecution spokesperson and Kabataan Rep. Renee Co.

“Ultimately, if there is someone the impeachment court should call attention to, it is VP Sara,” Co said in a media briefing.

Duterte said on Aug. 6 that there was no need for her to disrupt the impeachment proceedings because the trial was already chaotic and marked by actions that were “bending the law.”

Co said Duterte should have raised her objections before the impeachment court rather than making statements outside the proceedings.

“‘She said what is happening in the Senate impeachment court amounts to ‘bending the law.’ Why didn’t she appear and air her grievances during the trial itself?” Co said.

One court, one standard

“For us, what we want to uphold is clear: one court, one standard. If it is prohibited to disrespect the impeachment court, that should apply to everyone,” she added.

Prosecution legal spokesman Benjamin Tolosa Jr. said the sub judice rule, which restricts public comments that could affect an ongoing trial, should not be applied selectively.

“Perhaps if there is someone we should first look at as violating the sub judice rule, let’s not forget that within the scope of that rule is the vice president herself,” Tolosa said.

The remarks came a day after impeachment court presiding officer Francis Escudero said the tribunal was monitoring public statements from both prosecutors and Duterte’s lawyers as it prepares a ruling on possible violations of the sub judice rule.

Escudero said the court would come out with a ruling on the sub judice issue when the trial resumes on Monday, potentially determining whether public statements by Duterte’s lawyers or prosecutors warrant reprimand or other action.

Akbayan Rep. Chel Diokno, an impeachment prosecutor, said the rule should be applied “even-handedly” to all parties.

The prosecution’s comments followed a defense complaint against private prosecutor Amando Virgil Ligutan, whose Facebook post clarified the use of misleading questions during cross-examination.

Lead defense counsel Sheila Sison said the post alluded to defense lawyer Kristine Ferrer and amounted to bad faith.

Bicol Saro party-list Rep. Terry Ridon, a member of the prosecution team, said the focus should instead be on Duterte’s statements because they went beyond commenting on the merits of the case and questioned the credibility and integrity of the impeachment court itself.

“The truth is, this is not just about the merits. It is basically questioning the credibility, the integrity of the court itself,” Ridon said.

He said Duterte’s defense team should address the statements made by their client.

READ: LIVE: VP Sara Duterte impeachment Day 15

“If there is someone who should explain, it is the defense and the respondent, who should explain her statements more than anyone else,” Ridon said.

Who bent the law?

Co had earlier challenged Duterte’s “bending the law” remark, saying the more concrete example of such conduct was the use of acknowledgment receipts instead of official receipts or sales invoices to liquidate confidential funds.

The issue arose during testimony on the Office of the Vice President’s (OVP) use of confidential funds. Commission on Audit auditor Roderick Wamil testified that the OVP and the Department of Education failed to provide documentary evidence of payment for certain confidential fund expenses, including medicines reportedly used as rewards for confidential informants.

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