Senators to decide if VP violated sub judice rule

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July 16, 2026 | 12:00am

MANILA, Philippines — It’s up to the senators of the impeachment court to decide whether Vice President Sara Duterte violated the sub judice rule after she issued a public statement denying the allegations against her while the trial is ongoing.?

Senate impeachment court spokesman Reginald Tongol said the court itself, not its presiding officer acting alone, would determine whether Duterte’s statement breached Rule 18 of the impeachment rules, and only if the issue is formally raised before the tribunal.

“The determination of whether or not there was a violation of that rule will be done by the Senate impeachment court themselves,” Tongol said during a post-hearing briefing on Tuesday.

He said any issue involving an alleged violation is generally initiated through a motion filed by either party or by a senator.

Tongol added that it is the policy of the court’s presiding officer not to determine alleged violations or impose sanctions on his own.

“Without such motion, he will not act on it by himself,” he said.

The clarification came after the Vice President released a statement on the fifth day of the trial, denying the allegations against her and asserting that the impeachment complaint was unsupported by evidence.

“The country witnessed what I have been saying all along: the complaint is not supported by evidence,” Duterte said.

“An impeachment proceeding should be grounded in credible evidence, not speculation, manufactured narratives or unsupported allegations. The rule of law depends on facts, not fiction,” she added.

Defense spokesman Michael Poa said the Vice President only stated what she felt.

“And whether it’s covered by sub judice or not, both prosecution and defense also commented on that. That’s up to the impeachment court to decide,” Poa said.

On possible consequences if the court finds violation of Rule 18, Tongol said impeachment rules allow the court to cite a party in contempt after observing due process.

He said the court would first require the person concerned to explain the alleged violation before deciding on any sanction.?Tongol said the court has a range of disciplinary measures available, from a simple reminder or admonition to contempt, which may carry a fine or detention until the person complies with the court’s order.

He noted that whether the Vice President may be held liable under the rule remains a contentious legal issue that only the senators can resolve.

“There will, of course, be several schools of thought,” Tongol said, noting that some may argue Duterte enjoys special protection as Vice President, while others may contend that no exemption is provided under the impeachment rules.

The video is the  smoking gun

Charges of grave threats against Duterte were reinforced after defense lawyers repeatedly played the video of the Vice President’s online press conference in 2024, according to the prosecution team.

Private prosecutor Lorna Kapunan told the senators on Tuesday that defense lawyer Mark Vinluan virtually dug their own grave by using portions of the video in proving their case.

“It was admitted already by no less than Vinluan in his opening remarks as mentioned more than 10 times that that press conference occurred and in that presscon or live broadcast VP did utter statements we all heard,” Kapunan said. –  Delon Porcalla, Bella Cariaso