Sara Duterte impeachment trial: Rules must apply to senator-judges, too –Adiong

MANILA, Philippines – Aside from the prosecution and defense teams, senator-judges in the impeachment trial of Vice President Sara Duterte must also refrain from posting online content in violation of trial rules, Rep. Zia Alonto Adiong said on Friday.

“Kung nanaisin po natin na iwasan po natin na ma-violate yung sub judice rule, ay sana hindi po ito maimpose lang po sa isang particular na panel tulad po sa prosecution or sa depensa. Pero sana rin po ay matalima strictly ang ating mga huwes sitting senators na mag-avoid din po sila, so any uploading or any content on social media dapat also violate the sub judice rule,” Adiong, a member of the House prosecution panel, pointed out.

(If we want to refrain from violating the sub judice rule, we hope that we don’t just impose it on just a particular panel like the prosecution or defense. But we hope that the sitting senator-judges will also abide by the rules and avoid uploading any content on social media that violates the sub judice rule.)

Last Wednesday, Senate impeachment presiding officer Francis Escudero said that he will rule on Monday regarding public statements by counsel and parties in relation to violations of Rule 18 of the impeachment rules.

The rule states that members of the Senate, prosecutors, respondent, counsels, and witnesses are prohibited “from making any comments and disclosures in public pertaining to the merits of a pending impeachment trial.”

Courts eyes on social media

Escudero’s announcement came after lead defense counsel Shiela Sison called out prosecution counsel Amando Ligutan for alluding, in a social media post, to an exchange between defense counsel Katherine Ferrer and prosecution counsel Lorna Kapanan last Wednesday.

In a Facebook post, Ligutan wrote: “A principle ALL lawyers and law students know by heart: Misleading questions are NOT allowed even on cross-examinations.”

Adiong cited instances where senator-judges posted videos showing what he described as incorrect context during the trial’s oral arguments.

Senator-judge Pia Cayetano previously posted a one-minute edited video of House prosecutor Chel Diokno and Senator Alan Peter Cayetano during the oral arguments with its caption suggesting that the House prosecutors were accusing Duterte without evidence that she misdeclared her net worth.

In response to the spliced video, Diokno said the prosecution is not fishing for evidence, noting that probable cause is established in the Anti-Money Laundering Council’s records of Vice President Duterte’s bank transactions.

House prosecutor Rep. Terry Ridon said the prosecution panel strictly adheres to the limits imposed by the Senate impeachment court.

He also noted that every press conference, interview, or social media post conducted by the prosecution or defense panel helps in making the impeachment trial understandable and accessible to the public.

“Bawat piraso ng ebidensya, teknikal man ito ay dapat naipapaliwanag ng bawat partido ng depensa, ng prosekyusyon, kahit ng korte mismo sa atin pong taumbayan,” Ridon said.

(Every piece of evidence, may it be technical, must be explained by each panel of defense and prosecution, even the court to the public.)

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