THE House prosecution panel said Thursday that if the Senate Impeachment Court is to call out anyone for undermining its proceedings, it should be Vice President Sara Duterte for her repeated statements questioning the court’s integrity.
On Wednesday, Senate Impeachment Court Presiding Judge Francis “Chiz” Escudero is set to issue on Monday a ruling on alleged violations of Rule 18 of the impeachment, which prohibits parties “from making any comments and disclosures in public about the merits of a pending impeachment trial.”
“Ultimately, kung may dapat sitahin ang impeachment court, si VP Sara iyon,” House prosecution spokesperson, Rep. Renee Co (Kabataan Partylist) said.
“Siya mismo ang bumabaluktot ng batas, lalo na sa kanyang questionable na paggasta ng Confidential and Intelligence Funds na hanggang ngayon wala pa rin pong sagot sa taong-bayan.”
Co said Duterte’s remarks that the impeachment process involved “bending the law” were particularly troubling because they came from the respondent herself.
She was referring to a statement of Duterte in an interview where the VP said: “Napaka-klaro naman yung bending the law diyan sa impeachment na yan simula pa sa House of Representatives, hanggang sa pagkakaroon ng dalawang tao na nakaupo doon sa ano bang tawag diyan? Stage or rostrum or elevated platform? Hindi na kailangan guluhin ang impeachment dahil magulo na siya sa bending the law.”
Co also cited Duterte’s official statement on Day 4 of the impeachment trial where the VP alleged that the evidence against her were fabricated and so the proceeding is a waste of public resources.
Co said the court must protect its authority and apply its rules fairly to everyone.
“Kung bawal bastusin ang impeachment court, dapat bawal para sa lahat,” she said, stressing the prosecution’s call for “one court, one standard.”
Atty. Benjamin Tolosa, Jr. counsel for the House prosecution panel and spokesperson, said parties to a case may criticize what happens during proceedings, but no one should be allowed to attack the integrity of the court itself.
He said Duterte should instead bring her objections before the impeachment court and directly answer the allegations against her.
“Imbes na atakihin ang integridad ng impeachment court, humarap siya dito at sagutin niya nang diretsa ang mga mabibigat na akusasyon laban sa kanya,” Tolosa said.
House prosecutor Rep. Chel Diokno (Akbayan Partylist), meanwhile, stressed that the sub judice rule should be applied fairly and does not prohibit factual reporting of what happens during a hearing or reasonable explanation of legal principles.
“Ang panawagan lang siyempre, ng lahat ng panig ay dapat maging patas, even-handed ang application ng lahat ng Rules of the Senate on impeachment cases,” Diokno said.
He said that consistency would be tested as the trial continued and urged the tribunal to apply the same standards to the prosecution, defense and senator-judges.
“We do hope, and we will continue to push for equality and even-handedness in the application of all the rules that would apply to the prosecutors and the others who are part of the prosecution team, pati sa defense at pati rin sa members ng impeachment court,” Diokno said.
Tolosa added that the sub judice rule covers not only lawyers but the parties themselves, including the respondent, and that an attack on the court’s integrity could potentially go beyond a sub judice violation and constitute contemptuous conduct.
Co said the prosecution recognizes Duterte’s right to defend herself, but neither she nor her lawyers should receive special privilege to undermine the tribunal.
“Walang sino man, prosecutor, defense lawyer, or respondent, ang dapat magkaroon ng special privilege na sirain ang credibility ng tribunal,” she said.
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