Prosecution calls out VP Duterte for attacking impeachment court’s integrity

MANILA, Philippines — The House prosecution called out Vice President Sara Duterte on Monday for describing the Senate impeachment court proceedings as being “marred by bending the law,” which may be subject to the sub judice and contempt rules.

“Yes, litigants can criticize the courts, but they can never attack its integrity,” lawyer Benjamin “Jay” Tolosa Jr., prosecution counsel and spokesperson, said in an online press conference of the House prosecution team.

“If a litigant attacks the integrity of the court, that actually constitutes not just a violation of the sub judice rule, but even an act that’s considered contempt of court or contemptuous,” he added.

‘Very dangerous’

Tolosa made the distinction when asked about the defense panel’s position that Duterte was merely expressing her sentiments when she made her comment.

READ: Amid new impeachment critique, Duterte told: SC junked your petition

He explained that a litigant’s right to comment does not extend without limit to statements that could lead the public to believe that a tribunal had abandoned its lawful processes.

“That’s clear in jurisprudence. Many cases are saying that,” he said in Filipino.

“If you say something that attacks the integrity of the court, that is very dangerous, especially in this kind of case of this magnitude,” Tolosa added.

He said repeated assertions that the law was being bent could affect how the public receives an eventual ruling, particularly if the decision would be unfavorable to Duterte.

“It may destroy the people’s confidence in the impeachment proceedings. It could cause a prejudgment,” he said.

Tolosa explained that people who accept the characterization that the proceedings were “marred by bending the law” could conclude that an adverse decision resulted from irregularity rather than the evidence presented by the prosecution and defense.

Merely a legal assessment

Tolosa emphasized, however, that his remarks were merely a legal assessment and not a finding by the impeachment court. The presiding officer, Sen. Francis Escudero, and senator-judges have not yet ruled whether Duterte’s statement violated the sub judice rule or constituted contempt.

“I don’t want to pre-empt the presiding officer’s and impeachment court’s decision on this matter,” Tolosa said.

“Let’s let those in authority examine and weigh that and make a decision—the presiding officer and ultimately the impeachment court as a whole,” he added.

READ: Senate postpones VP trial, shifts to WFH amid heavy rains

He pointed out that the prosecution and defense remain free to present their arguments before the court. Duterte’s lawyers may object to evidence, cross-examine witnesses, and present contrary proof, while the prosecution bears the responsibility of establishing the allegations in the articles of impeachment.

He stressed, however, that both parties should avoid statements that could diminish confidence in the court while the evidence remained under consideration.

Duterte is on trial before the impeachment court for alleged misuse of confidential funds, unexplained wealth, bribery, and grave threats. /atm