By Benjamin Cuaresma
MANILA — No one should be above the sub judice rule in the impeachment trial of Vice President Sara Duterte, House prosecution panel adviser and spokesperson Robert Ace Barbers said, pressing the Senate impeachment court to enforce Rule 18 equally against everyone involved in the proceedings—including the respondent herself.
Barbers said Rule 18 exists to prevent an ongoing impeachment case from being fought outside the courtroom through interviews, public statements and social media posts.
The rule, he stressed, should apply regardless of a participant’s position, political affiliation or role in the proceedings.
Barbers said the rule covers the prosecution, the defense, the respondent, their lawyers and witnesses.
He also maintained that senator-judges should exercise restraint when publicly discussing matters directly connected with the pending impeachment case.
The objective, he said, is to keep the arguments and evidence inside the impeachment court rather than allow competing narratives to shape public opinion outside it.
Barbers warned that selective enforcement could undermine the credibility of the proceedings.
A rule, he argued, cannot be strict when applied to one side and relaxed when the other side crosses the same boundary.
Barbers cited Duterte’s public criticism of the impeachment proceedings, including her suggestion that the law was being “bent.”
He said such statements should be evaluated under the same Rule 18 standard imposed on other participants.
If defense lawyers and witnesses are expected to observe the sub judice rule, Barbers said, Duterte should likewise be held to it as the respondent in the case.
Anyone who crosses the line, he added, should face the court’s action regardless of identity or position.
Barbers also pointed to the prosecution panel’s compliance with directives issued by the impeachment court.
He cited the court’s order for the prosecution and defense to meet for the marking and exchange of documents, saying the prosecution was ready to comply but the defense failed to attend the scheduled meeting.
The message from the prosecution was clear: compliance cannot be one-sided.
Barbers said everyone involved should demonstrate the same respect for the court’s orders.
Presiding Officer Sen. Francis “Chiz” Escudero is expected to rule on Monday on the application of Rule 18.
The ruling could establish clearer boundaries on what participants may publicly say while the impeachment trial remains pending.
For Barbers, however, the issue is bigger than the latest clash between the prosecution and defense.
It is about the authority of the impeachment court itself.
“If Rule 18 is meant to preserve the integrity of the proceedings, then it must be applied fairly, firmly, and without exemptions,” he said.
The Senate impeachment court is set to resume prosecution evidence on the first impeachment article, involving allegations surrounding P612.5 million in confidential funds in 2022 and 2023.
With the trial moving forward, the coming Rule 18 ruling could send a decisive message: in the impeachment court, there must be one rule and one standard for everyone.
ia/xf
