House prosecution panel adviser and spokesman Robert Ace Barbers on Friday said any member of the prosecution team who violates the Senate impeachment court’s sub judice rule must personally face the consequences, including possible penalties or administrative sanctions.
Barbers said Presiding Officer Sen. Francis Escudero’s recent ruling on Rule 18 should serve as a clear reminder to everyone involved in Vice President Sara Duterte’s impeachment trial, including public and private prosecutors, defense lawyers and senator-judges, to exercise caution in their public statements and social media posts.
Rule 18 essentially requires parties to argue their cases inside the impeachment court rather than in the court of public opinion. Escudero specifically reminded Duterte’s defense team that the rule also applies to the respondent.
Barbers stressed that any violation committed by an individual prosecution member would be that person’s responsibility and should not be attributed to the entire panel.
“Once you violate that, that is of your own doing. Wala namang kinalaman yung buong panel (The entire panel has nothing to do with it),” he said in a television interview.
He noted that the ruling provides clear penalties for violations, with a first offense subject to reprimand and succeeding violations carrying a PHP30,000 penalty for each violation.
For lawyers, the court may also refer the violation to the Integrated Bar of the Philippines and/or Supreme Court for possible disciplinary action.
The court may likewise impose restrictions on an offending lawyer or party’s participation in the proceedings.
As panel spokesman, Barbers clarified that his role is distinct from that of the lawyers directly handling the prosecution.
He said his responsibility is to communicate with the media about the proceedings and relay information that can properly be discussed without compromising the rules imposed by the impeachment court.
“Kasi ang aming (Because our) objective is to inform and educate the public of what’s happening inside the trial court,” Barbers said, noting that impeachment proceedings can involve highly technical legal and procedural issues.
He said the prosecution’s communications effort is aimed at “laymanizing” technical proceedings so ordinary Filipinos can better understand what is happening in the impeachment court while ensuring that the panel remains mindful of the sub judice restrictions.
On concerns that some senator-judges may be going “overboard” and showing partiality toward either the prosecution or defense, Barbers said it would be up to the presiding officer to take appropriate action.
He said senator-judges may be passionate about the issues or seek to emphasize certain points but could eventually cross the line.
“Yung punto na (The point that) some appears to be lawyering for either of the prosecution and defense camps, maybe… perhaps… the presiding officer can call their attention if indeed there are some senator-judges who goes overboard,” he said. (PNA)