'But again, she's the vice president.... Siguro naman ang isang bise presidente na sina-subject sa ganitong proceedings, meron din karapatan to a certain degree — mailabas 'yong kanyang mga saloobin?' says Poa It did not reprimand anyone yet, but the Senate impeachment court reminded parties of the sub judice rule — a principle that prohibits them from discussing the merits or facts of a case. The Supreme Court defines sub judice in Romero et al. v. Estrada as a rule that “restricts comments and disclosures pertaining to judicial proceedings to avoid prejudging the issue, influencing the court, or obstructing the administration of justice.” On Wednesday, August 26, presiding officer Chiz Escudero said this rule applies not only to the House prosecutors, the defense team, and senator-judges, but also to Vice President Sara Duterte herself. “Given that it was done while the ruling is being issued, prospectivity would still apply. However, the presiding officer would like to remind — through the lead counsel for the respondent — her client to kindly observe the ruling of the presiding officer as well as the rules of the impeachment court, specifically Rule 18 on the subject matter, in regard to making comments on the merits of the case,” said the presiding officer. What prompted this was lead prosecutor Gerville Luistro’s manifestation. Luistro told the court that Duterte allegedly violated the rule through a social media post on Wednesday morning, where the Vice President defended her staff. “A Senator calling a witness ‘stupid,’ a lawyer calling me the ‘mastermind of a scam’ or another witness referring to me as a ‘brat,’ does not prove a case, nor does it produce evidence. Insults reveal the need to feign confidence in the face of a weak presentation,” said Duterte. This is just one of the instances where the Vice President talked about her impeachment. From time to time, she would also mention the trial in some of her media interviews. So, can the latest sub judice ruling from the court and Escudero’s warning stop Duterte from discussing her case? Poa said he will talk to Duterte and sit down with her. He also said he would relay Escudero’s reminder and await what happens after their conversation. “But again, she’s the vice president…. Siguro naman ang isang bise presidente na sina-subject sa ganitong proceedings, meron din karapatan to a certain degree – mailabas ‘yong kanyang mga saloobin?” said the defense spokesperson. (Maybe a vice president who’s being subjected to these proceedings has rights to a certain degree — to express herself?) Whether Duterte will adhere to this sub judice rule is completely up to her. After all, she calls the shots. She is her lawyers’ and staff’s principal. But as reminded by Escudero earlier, Duterte is a lawyer, too. She is bound by the Code of Professional Responsibility and Accountability (CPRA) or the code of conduct for legal professionals. A violation of the CPRA means sanctions. “Because henceforth the necessary actions will be taken against her not only by the court, but also given she is a lawyer, via what the presiding officer earlier mentioned in relation to the CPRA and the Office of the Bar Confidant,” said Escudero. – Rappler.com How does this make you feel? Loading
Can sub judice rule stop Sara Duterte from talking about her trial?
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