By Wilnard Bacelonia
MANILA – The Senate impeachment court may reconsider during the congressional recess its decision to relax public comment restrictions on three withdrawn impeachment articles against Vice President Sara Duterte, following concerns that a separate court gag order could place her defense at a disadvantage.
Presiding officer Francis “Chiz” Escudero on Tuesday took under advisement a motion by Sen. Francis Pangilinan to revisit the application of Rule 18 of the Senate Rules of Procedure on Impeachment Trials, which restricts public discussions of pending charges.
“So moved that we authorize the Presiding Officer to rule on that particular matter during the recess,” Pangilinan said.
Sen. Joel Villanueva seconded the motion, which would allow Escudero to act after Duterte’s lawyers consult her and formally communicate their position.
Defense lead counsel Sheila Sison earlier objected to the relaxation of Rule 18, warning that unrestricted public commentary could turn the withdrawn allegations into a “free for all” of accusations outside the courtroom.
Escudero explained that the relaxation was intended primarily to allow Duterte to answer allegations that would no longer be submitted for a Senate verdict.
“The reason behind the relaxing of Rule 18 was more to afford actually the respondent to respond in the manner she may deem fit,” he said.
Separate gag order
Defense spokesperson Michael Poa subsequently disclosed that a Regional Trial Court had issued a gag order in a separate grave threats case, potentially preventing Duterte’s camp from publicly discussing allegations covered by withdrawn Article IV.
Poa said the situation could leave prosecutors free to speak about the allegations while the defense remained bound by restrictions imposed in the separate judicial proceedings.
He also explained that the defense had previously refrained from publicly answering accusations because it expected to challenge them through witnesses and documentary evidence before the impeachment court.
Escudero acknowledged the complication and said the court could consider restoring restrictions on individual withdrawn articles rather than applying the same rule to all three.
“Hindi naman kailangan, one for all, all for nothing (It does not have to be one for all, all for nothing),” he said.
He suggested that the defense could request the continued application of Rule 18 to Article IV while retaining the relaxation for Articles I and III.
Poa said Duterte’s lawyers would consult their client and hoped to communicate her position within 24 to 48 hours.
Immediate effect questioned
Sen. Pia Cayetano, meanwhile, questioned why the relaxation should take effect immediately when the defense had yet to decide whether to challenge it.
She argued that temporarily maintaining the restrictions would give Duterte a meaningful opportunity to determine how she wanted to respond to the withdrawn accusations.
“I normally see the logic in the ruling, but sorry to say, I don’t see the logic in that ruling right now,” Cayetano said.
Escudero clarified that the relaxation was already effective for Articles I, III and IV pending any reconsideration, although separate legal restrictions must still be observed.
Pangilinan expressed willingness to seek reconsideration if the defense preferred to retain the restrictions, while Villanueva maintained that Duterte should also be given an opportunity to answer the accusations before the same impeachment court where they were presented.
Escudero assured the defense that the court would not categorically prevent it from pursuing appropriate remedies or offering evidence, subject to objections and rulings on admissibility.
He said Pangilinan’s reconsideration proposal could be resolved during the recess, either in full or only for specific withdrawn articles, once Duterte’s preference is formally conveyed to the clerk of court.
Until then, the relaxation of Rule 18 remains effective for the withdrawn articles, while restrictions on public discussion of Article II, involving alleged unexplained wealth, remain in force. (PNA)
GAG RULE REVIEW. Senate impeachment court presiding officer Francis “Chiz” Escudero agrees on Tuesday (Oct. 13, 2026) to consider reinstating public comment restrictions on three withdrawn impeachment articles against Vice President Sara Duterte after her defense raised concerns over a separate court gag order. Escudero said the court may review the application of Rule 18 during the congressional recess, either in full or for specific articles, once Duterte’s lawyers communicate her position.
