Metro Manila, Philippines – Prosecution and defense lawyers in the impeachment trial of Vice President Sara Duterte have noticeably limited answers and comments after the presiding officer warned that violators on the rule barring counsels from discussing merits of the case in public would be punished.
On the side of the prosecution, neither public nor private prosecutors sat in the prosecution’s two regular briefings on Wednesday, Aug. 26. The briefing usually includes a prosecutor and a spokesperson who is not covered by the subjudice rule.
A number of them granted chance interviews, but some declined.
For instance, Mae Divinagracia, whose comment was cited by Presiding Officer Chiz Escudero in releasing his subjudice ruling, refused to react on the matter.
She also declined commenting on the question posed by Senator-judge Robin Padilla about national heroes who used aliases.
Lead defense counsel Sheila Sison and lawyer Kristine Ferrer also refused to comment when asked about the subjudice rule.
Adjustments
In separate chance interviews, some members of the prosecution welcomed the Impeachment Court ruling.
Prosecution counsel Lorna Kapunan – who first described Duterte’s confidential fund spending as a “scam” – said the order was “fair, well-researched, and well-thought of.”
“Personally, I will behave,” she told reporters.
“We were not singled out…Moving forward, this will haste the way for us in terms of how to conduct ourselves both in and outside the courtroom,” Kapunan added.
Meanwhile, Jay Tolosa, another prosecution counsel and spokesperson, said prosecutors may seek clarification with the court on the order once they receive and review the written ruling.
He explained that jurisprudence provides clear exemptions to the subjudice rule, in particular the doctrine of true, fair, and accurate reporting.
“If you are, for example, quoting what has been stated by the witness in open court, and you talked about it publicly, that should not be a violation of the subjudice rule,” Tolosa said.
“We hope the impeachment court will not even be more strict than regular courts,” he added.
For the defense panel, spokesperson Michael Poa also vowed to comply with the court order, saying the team is hasting the search for a new spokesperson.
“Mahirap na baka ma-sampolan tayo sa penalties. [It’s difficult, we may face penalties] But I appreciate of course the ruling, the defense team appreciates the ruling of the presiding officer,” he said, noting that he turned down incoming interviews after the order.
Tolosa and Poa are both counsel for the prosecution and defense, respectively.
The prosecution has yet to decide on Tolosa’s role.
