MANILA, Philippines — Senate Impeachment Court Presiding Officer Francis Escudero on Wednesday urged fellow senator-judges to "observe impartiality and political neutrality" and refrain from making unparliamentary, offensive, and improper remarks during the impeachment trial of Vice President Sara Duterte.
Escudero's ruling on the 19th day of the impeachment trial comes as Vice President Sara Duterte assailed the prosecution for its alleged “insults, speculation” and “political theatrics” insisting that the alleged impeachable offense against her must be proven with evidence.
The impeachment court is currently hearing the charge of alleged misuse of intelligence funds under the Office of the Vice President (OVP) and the Department of Education (DepEd) which she once headed.
In his ruling during the 19th day of the impeachment trial, Escudero also reminded senator-judges to direct their questions only to witnesses, prosecutors and defense counsel during the proceedings on the record instead of through commentaries in social media.
"I hope senator judges shall refrain from unparliamentary remarks, personal attacks, imputations of improper motive, and other language incompatible with the dignity of these proceedings and of parliamentary courtesy to other people," Escudero said.
"If a senator judge is alleged to have violated the impeachment oath, Rule 3, Rule 18, or any other applicable rule of the Senate," he said, the matter may instead be referred to the Senate Committee on Ethics and Privileges.
Escudero warned that violations may be subject to an ethics complaint.
He also announced a "two-strike" rule for violations of Rule 18, which restricts public disclosures concerning the merits of the impeachment case and applies to the presiding officer, senator-judges, prosecutors, Duterte, their respective lawyers, and witnesses.
For the first offense, a violator will receive a "severe reprimand and stern admonition in open court, placed permanently on the record as a final warning," Escudero said.
He said a second and every succeeding violation will carry a fine of up to P30,000 per violation.
For lawyers, Escudero said the court may also forward the record of the violation to the Integrated Bar of the Philippines and/or Supreme Court for possible disciplinary action affecting their license to practice law.
"The presiding officer, the members of the Senate shall refrain from making any comments and disclosures in public pertaining to the merits of the pending impeachment trial. The same shall likewise apply to prosecutors, to the person impeached, and the respective counsel and witnesses," he said.
Escudero also reminded senator-judges, the prosecution, and defense of the importance of upholding the rule of law and the integrity of the judicial process.
"This court will close door to trial by publicity, but it will keep the courtroom open to the disciplined advocacy where evidence is tested, error is corrected, and justice is done," he added.
'Fishing for evidence'
Duterte said prosecutors and members of Congress seeking to legitimize the two impeachment complaints should be confident in the strength of their case instead of “fishing for evidence” during the trial.
Aside from her alleged misuse of intelligence funds, Duterte was also charged with issuing grave threats against President Ferdinand Marcos Jr, first lady Liza Araneta-Marcos and former speaker Martin Romualdez. Duterte is facing four Articles of Impeachment.
“A strong case does not need the adornment of theatrics,” Duterte said, citing remarks calling a witness “stupid,” describing her as the “mastermind of a scam” and referring to her as a “brat.”
“Insults reveal the need to feign confidence in the face of a weak presentation,” she added.
She challenged the prosecution to substantiate its allegations with evidence.
