VP impeachment court sets 'two-strike rule' on publicity offenses

MANILA – A second violation of restrictions against publicly discussing the merits of Vice President Sara Duterte’s impeachment case may now cost covered parties PHP30,000 per offense, as the Senate impeachment court moved Wednesday to curb trial by publicity.

Presiding Officer Francis “Chiz” Escudero announced a two-strike system in enforcing Rule 18 of the impeachment rules, with a first offense carrying a severe public reprimand and stern admonition entered permanently into the court record.

For a second and every succeeding violation, the court may impose the maximum PHP30,000 fine per offense and, when warranted, restrict an offending lawyer or party from speaking, objecting or examining witnesses on the floor.

“From this point forward, however, Rule 18 shall be strictly enforced and be given full force and effect,” Escudero said.

He said earlier statements would be treated liberally and the court would “wipe the slate clean” before enforcing the clarified standards prospectively.

Rule 18 prohibits the presiding officer, senator-judges, prosecutors, the impeached official, their respective counsels and witnesses from publicly commenting on or disclosing matters pertaining to the merits of a pending impeachment trial.

Escudero said prohibited commentary may include evaluating disputed facts or the credibility of witnesses, weighing the relevance or sufficiency of evidence, assessing the viability of an impeachment charge or defense, advocating a particular disposition, or forecasting the eventual vote.

Procedural, incidental and collateral matters, as well as fair and accurate reports of what happened in court, are not treated the same way.

Before any penalty is imposed, Escudero said the alleged violator would receive a written show-cause order and exactly 24 hours to file a verified response.

“No oral accusation or press pronouncement shall precede the formal charge,” he said, adding that the burden would rest on the party alleging contempt and that willfulness or improper purpose must be established before punitive sanctions are imposed.

Lawyers may also face separate professional consequences, he said.

Escudero said records of relevant conduct may be referred to the Office of the Bar Confidant, Integrated Bar of the Philippines or Supreme Court for possible disciplinary action, although such referral does not itself constitute a finding of liability.

He, however, stressed that the restrictions do not prevent lawyers from vigorously presenting their cases inside the impeachment court.

“Rule 18 demands restraint beyond these walls. It does not command silence within them,” he said, stressing that evidence and arguments should be tested before the court rather than through interviews or social media. (PNA)