Presiding Officer Francis “Chiz” Escudero. Photo courtesy of the Senate of the Philippines.
Presiding Officer Francis “Chiz” Escudero tightened the rules on conduct in Vice President Sara Duterte’s impeachment trial, warning prosecutors, defense lawyers, witnesses and senator-judges against actions that could undermine the fairness and credibility of the proceedings.
In a series of rulings Wednesday, Escudero first reminded senator-judges that their oath requires them to “do impartial justice” and cautioned them against allowing clarificatory questioning to turn into advocacy for either side. He invoked the long-standing judicial standard that litigants are entitled to the “cold neutrality of an impartial judge,” a principle repeatedly recognized by the Supreme Court in due process cases.
Escudero then ordered strict enforcement of Rule XVIII of the Senate impeachment rules, which bars prosecutors, the impeached official, their counsels and witnesses from making public statements on the merits of the pending case. Past violations were effectively given a clean slate, but he said future breaches would no longer be treated leniently.
“From this point forward, Rule XVIII shall be strictly enforced and given full force and effect,” Escudero said. He warned against “trial by publicity,” saying public pressure should not replace evidence presented before the impeachment court.
He also defined statements on the “merits” as those assessing disputed facts, witness credibility, the relevance or weight of evidence, the legal viability of an impeachment charge or defense, or the eventual disposition of the case. Neutral and accurate reports on what happened during the proceedings would remain allowed.
Escudero imposed a two-strike policy for violations. A first offense would result in a severe reprimand and stern warning in open court, while a second and succeeding violation could carry a fine of up to P30,000. Lawyers could also face referral to the Supreme Court or the Integrated Bar of the Philippines for possible disciplinary action if their conduct separately violated professional rules.
The presiding officer also reminded both camps of their distinct ethical obligations. “The primary duty of a public prosecutor is not to convict but to see that justice is done,” he said. The Supreme Court has similarly stressed under the Code of Professional Responsibility and Accountability that prosecutors must seek justice rather than pursue conviction at the expense of an accused’s rights.
For the defense, Escudero cited People of the Philippines v. XXX, where the Supreme Court underscored lawyers’ fiduciary duty to provide competent, efficient and conscientious representation and to act diligently in protecting a client’s rights. Turning again to the senator-judges, he invoked Webb v. De Leon, where the Court warned that excessive publicity can threaten a fair trial and stressed that the judiciary must ensure that justice “shall be done and is done.”