Metro Manila, Philippines – House prosecution panel members Rep. Terry Ridon and Jay Tolosa face separate orders from the Senate, sitting as Impeachment Court, for them to explain why they shouldn’t be penalized for their statements over possible violations of the rule prohibiting discussion of merits in the trial of Vice President Sara Duterte.
Ridon confirmed the show-case orders on Thursday, Sept. 17, saying he and Tolosa would submit their responses within the day and leave the matter to the court.
The prosecution has yet to disclose the specific statements cited in the orders.
Ridon said the panel would continue explaining the impeachment proceedings to the public while following the court’s restrictions on sub judice matters.
“Kahit kailan di namin hinihikayat na ma-prejudge itong proseso. Di namin hinihikayat na maimpluwensiyahan ang senator-judges,” Ridon said.
[Translation: We have never encouraged the process to be prejudged. We have never encouraged the senator-judges to be influenced.]
Possible sanctions include an admonition or a fine of around ₱30,000, Ridon said.
He added that the orders would not affect the prosecution’s work, including its planned requests for subpoenas.
Duterte statements
Ridon and House prosecution spokesperson Zia Alonto Adiong said they also want the court to examine Duterte’s statements for a possible sub judice violation.
The prosecution pointed to Duterte’s Sept. 7 video message, where she said President Bongbong Marcos controlled the senators, prosecutors, judges and police.
He said Duterte’s remarks went beyond the merits of the impeachment case and questioned the integrity of the Senate.
“Hindi ito dapat palagpasin,” Ridon said, while also emphasizing that the decision to apply the same standard to Duterte and other parties covered by the sub judice rule should be left to the court.
“I think, for most or all of the time, naging very fair and reasonable ang presiding officer. Ibibigay natin sa kanya ang pagpapasya,” he added.
[Translation: I think, for most or all of the time, the presiding officer has been very fair and reasonable. We will leave the decision to him.]
Adiong said the prosecution may formally raise the matter with the court.
Tolosa, meanwhile, was asked during a post-trial conference on Wednesday about his own statements on possible sub judice violations, although he didn’t confirm then that he was one of the prosecutors given a show cause order.
He said his remarks on whether Duterte could invoke the right against self-incrimination in the impeachment proceedings were about procedure and should not fall under the rule.
He was also asked about his earlier remark that Duterte’s “I don’t trust the court” statement could erode the judiciary.
“If there’s a question of what sub judice is, it’s that particular statement saying, ‘I don’t trust the court,’” Tolosa said.
