MANILA, Philippines — Senator-Judge Francis Pangilinan on Tuesday moved to reconsider the Senate impeachment court’s decision allowing Vice President Sara Duterte to publicly address allegations in three withdrawn impeachment articles.
Presiding Officer Francis “Chiz” Escudero said the motion had been taken under advisement pending a possible notice from the defense, adding that he could rule on it during the court’s recess.
The motion followed the court’s decision to lift Rule 18 restrictions, also known as the sub judice rule, on public comments concerning Articles I, III and IV, which the House prosecution panel had withdrawn.
Under Escudero’s ruling, Duterte may publicly respond to allegations involving confidential funds, bribery and grave threats. Restrictions on public comments about the remaining Article II, which concerns alleged unexplained wealth, remain in effect.
“In particular, the respondent, given that she will no longer have an opportunity or need to defend against those articles through the presentation of evidence before the court, may therefore answer them, present her account, defend her conduct or reputation in the course of public discourse,” Escudero said.
Pangilinan recalled that Senator-Judge Bam Aquino had raised the possibility of adjusting the trial procedure as early as July 15. Escudero had indicated that changes could be considered if both the prosecution and the defense agreed, Pangilinan said.
“Unfortunately, there was no agreement, and therefore we have to proceed as we have proceeded,” he said.
Senator-Judge Risa Hontiveros noted that the defense had yet to inform the court how it wanted to proceed following the withdrawal of the three articles, and that the court had yet to act on any such request.
Hontiveros said she wanted to hear Duterte’s response to the allegations raised by the prosecution.
Senator-Judge Pia Cayetano, meanwhile, said she was shocked by the prosecution’s decision to withdraw the three articles and stressed that the defense should be given sufficient time to process the development, given that Duterte’s reputation was at stake.
In response, Escudero defended his decision to lift the sub judice restrictions on the withdrawn articles, saying he did not want Duterte to be prevented from answering the allegations both in court and in public.
“The last thing I want anyone to say when they leave this courtroom is, ‘She was not allowed to respond in court, and now she is not even allowed to respond outside it,’” Escudero said.
“I would rather have the rule allow her to speak than prevent her from doing so. I would rather leave the matter settled that way than the other way around,” he added.
The House prosecution panel, led by Batangas Rep. Gerville Luistro, withdrew Articles I on confidential funds, III on alleged bribery at the Department of Education, and IV on grave threats.
The trial will proceed on Article II, which covers allegations of unexplained wealth, violations involving statements of assets, liabilities and net worth (SALN), and prohibited business interests.
