Jauhn Etienne Villaruel

Article (news)

Chalssea Kate Echegoyen

ABS-CBN News

<div><span class="fr-img-caption fr-fic fr-dib" style="width:960px;display:block" width="960"><span class="fr-img-wrap"><img src="https://od2-image-api.abs-cbn.com/prod/editorImage/178692212184720260803-senate-impeachment-day11-MT10.jpg" style="width:960px" class="fr-fic fr-dib" width="960"/><span class="fr-inner" style="text-align:left">Members of the prosecution and defense panels confer as they stipulate on documents and acknowledgment receipts to be used as evidence for Article 1 of the impeachment complaint against Vice President Sara Duterte during the 11th day of her impeachment trial on August 3, 2026. The documents will be presented as evidence regarding the alleged misuse and misappropriation of confidential funds.  <em>Maria Tan, ABS-CBN News/File</em></span></span></span></div><p>MANILA — What can lawyers say publicly about an impeachment case while it is still being heard?</p><p>That question is at the heart of the sub judice debate in the impeachment trial of Vice President Sara Duterte, with Sen. Francis “Chiz” Escudero expected to rule on the issue Monday.</p><p>The issue stemmed from last week’s hearing, when Escudero said he had been monitoring the social media accounts of both the prosecution and defense panels and was aware of public statements being made while the trial was ongoing.</p><p>His warning came after a dispute over a social media post by private prosecutor Armando Ligutan, which the defense questioned as potentially violating the rule. Defense counsel Sheila Sison questioned the post as potentially violating the sub judice rule, while the prosecution argued that it dealt with a legal principle and was not a comment on the merits of the impeachment case.</p><div><a href="https://www.abs-cbn.com/news/nation/2026/8/12/sheila-sison-castigates-amando-ligutan-over-socmed-post-on-misleading-questions-1736"><strong>&#x27;We will not have this&#x27;: Sheila Sison castigates Amando Ligutan over socmed post on &#x27;misleading questions&#x27;</strong></a></div><p>University of the Philippines (UP) College of Law professors Michael Tiu Jr. and Paolo Emmanuel Tamase, in an interview with ABS-CBN News, agree on one point: sub judice is not simply a rule that says lawyers must keep quiet. It is a rule meant to prevent a pending case from being decided–or perceived to be decided–outside the tribunal where it is being heard.</p><div><a href="https://www.abs-cbn.com/news/nation/2026/8/14/-high-time-for-senate-court-to-clarify-sub-judice-rule-defense-spox-1121"><strong>&#x27;High time&#x27; for Senate court to clarify sub judice rule: defense spox</strong></a></div><div><br/></div><div><strong>WHAT IS SUB JUDICE?</strong></div><div><br/></div><p>Tamase defined sub judice as a legal principle that generally restricts public comments about proceedings that are still pending, particularly comments that could influence the decision-maker.</p><p>Under Section 19 of the Code of Professional Responsibility and Accountability, lawyers are barred from publicly commenting on a pending proceeding when their statements could prejudge the case, influence the tribunal, undermine its integrity, impute improper motives to its members, or create a widespread perception of guilt or innocence before a final decision.</p><p>Tiu said the rule is meant to prevent a lawyer’s public characterization of a case and the public reaction to it from affecting the actual proceedings.</p><p>“The purpose of this rule is to ensure that how a lawyer characterizes a proceeding and how the public reacts to that comment do not influence the actual proceeding itself,” he said.</p><p>But Tiu noted that the rationale behind sub judice cannot be considered in isolation in an impeachment trial, where public trust and public understanding are also important.</p><p>He said the rule applies to proceedings before “any court,” but the Senate impeachment court is an independent body with its own rules. It can therefore determine whether to adopt, modify or not apply the general formulation of the sub judice rule.</p><p>Tiu also drew a distinction between explaining a case and publicly litigating its merits.</p><p>“Explaining the case is different because you are only describing what happened and what the meaning might be based on law and general considerations,” he said.</p><p>Lawyers may also discuss the weight of evidence based on law and their experience, Tiu said, as long as their comments are not intended to cause prejudgment, influence the tribunal, undermine its integrity or create a public perception of guilt or innocence before the Senate reaches a decision.</p><div><br/></div><div><strong>MORE NUANCED APPROACH</strong></div><div><br/></div><p>Tamase said the rule should not be applied too strictly, given the inherently public nature of impeachment proceedings.</p><p>“The Senate should take care not to apply Rule XVIII too strictly because there are few cases as traditionally public as an impeachment,” Tamase said.</p><p>He pointed out that the Senate is not a regular court, even though it is referred to as an “impeachment court” when it exercises its constitutional power to try impeachment cases.</p><p>“The Senate is not a court—it’s self-labeling as an ‘impeachment court’ is a product of precedent, not constitutional design—and it should acknowledge that public involvement requires a public that is informed, whether by actually viewing the proceeding or through the media or the parties’ spokespersons,” Tamase said.</p><div><a href="https://www.abs-cbn.com/news/nation/2026/8/13/sub-judice-other-impeachment-rules-should-be-applied-equally-1649"><strong>Sub judice rule should be applied equally, including Sara Duterte, senator-judges — Prosecution</strong></a></div><div><br/></div><div><strong>WHAT CAN LAWYERS ACTUALLY SAY?</strong></div><div><br/></div><p>For Tamase, this does not mean lawyers should have unrestricted freedom to discuss the trial.</p><p>“At the same time, the lawyers of both sides should really avoid making the trial about them,” Tamase said.</p><p>“By speaking to the public directly instead of through their designated spokespersons, the lawyers are not only creating a needless distraction from the issues—i.e., the Vice President’s culpability in the current impeachment. They also open potential leakages to their side’s strategy or conflicts in the messaging of their side,” Tamase added. </p><p>He said that frequent public commentary could benefit the lawyers themselves more than the parties they represent.</p><p>“Ultimately, speaking directly to the public and so often may serve the lawyers’ personal interests—via ‘clout’ or media mileage—and not those of their client, whether the people or the Vice President,” Tamase said.</p><div><a href="https://www.abs-cbn.com/news/nation/2026/8/15/house-prosecutor-urges-senate-not-to-censor-impeachment-trial-lawyers-over-sub-judice-rule-1126"><strong>House prosecutor urges Senate not to ‘censor’ impeachment trial lawyers over sub judice rule</strong></a></div><p>Tiu likewise said the sub judice rule should not be viewed as a blanket prohibition on public discussion, particularly given the nature of impeachment.</p><p>“This rule applies to comments made on social media. And the punishment is usually for indirect contempt. But one has to balance the purpose of the rule with the critical right of freedom of expression,” he said. </p><div><br/></div><div><strong>DISTINCTION FOR LAWYERS</strong></div><div><br/></div><p>He said there should be a distinction between ordinary members of the public, lawyers commenting from outside the case, and lawyers who are actually participating in the proceedings.</p><p>Those directly involved, he added, should be particularly careful in characterizing what other lawyers, senator-judges and witnesses say outside the proceedings.</p><p>“Comments on the weight of evidence, if based on case law and experience as a lawyer are also fine, as long as the language used is not meant to achieve the effects enumerated above.” Tiu said. </p><p>“Again, impeachment is different from a regular trial because everybody, each citizen should be interested in impeachment. But lawyers who are actual counsels in the actual trial do subject themselves to certain obligations to ensure the integrity of the proceeding,” Tiu added.</p><p>Tamase also argued for a nuanced application of the rule because the participants in an impeachment trial have different responsibilities.</p><p>“There should be nuance given the nature of impeachment,” he said. “Especially for the prosecutors who are members of the House, they have duties to their institutions and to the public as well. Transparency is one of those duties.”</p><div><br/></div><div><strong>‘COURTESY AND RESPECT TO ALL’</strong></div><div><br/></div><p>The Supreme Court has previously emphasized that litigants and their lawyers are subject to greater restrictions on speech because they are directly involved in pending proceedings. </p><p>But it has also warned that contempt powers should not be used to stifle legitimate discussion of matters of public interest.</p><p>“My view is that the sub judice rule should have a limited application in an impeachment trial. The minimum should be courtesy and respect to all the judges and lawyers and witnesses. And that commentary can assess weight and strategy, but not second guess the judgment and opinions of the judges,” Tiu said. </p><p>“Other than that, everybody should be free to speak about everything that is happening in an impeachment trial. This is because this is a public accountability mechanism. We are all interested in discussing all and every part of it,” Tiu added.</p><div><br/></div><div><strong>RELATED VIDEO</strong></div><div><span class="fr-video fr-deletable fr-fvc fr-dvb fr-draggable" contenteditable="false" draggable="true"><iframe width="640" height="360" src="https://www.youtube.com/embed/Y8GGnkwHosc?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span><br/></div>

<p>What can lawyers say publicly about an impeachment case while it is still being heard That question is at the heart of the sub judice debate in the impeachment trial of Vice President Sara Duterte, with Sen. Francis “Chiz” Escudero expected to rule on the issue Monday.</p>

What can lawyers say publicly about an impeachment case while it is still being heard That question is at the heart of the sub judice debate in the impeachment trial of Vice President Sara Duterte, with Sen. Francis “Chiz” Escudero expected to rule on the issue Monday.

What lawyers can and can’t say about Sara Duterte’s impeachment trial

News

Entertainment

Lifestyle

Sports

Metro.Style

More

BINI

Sudoku

Word of the Day

Lotto

Horoscope

Nation

What lawyers can and can’t say about Sara Duterte’s impeachment trial

Chalssea Kate Echegoyen,

ABS-CBN News

Published August 17, 2026 09:37 AM PHT

Read More:

Sub judice

Vice President

Sara Duterte

Impeachment Trial

Chiz Escudero

ABS-CBN Newsletter

Your go-to source for the latest news, entertainment highlights, exclusive interviews, and updates on your favorite Kapamilya stars.

ABS-CBN Newsletter

Your go-to source for the latest news, entertainment highlights, exclusive interviews, and updates on your favorite Kapamilya stars.

Sign Up

I have read and agree to the Terms and Privacy Policy.

Haven't received our newsletter?

Check your inbox to verify and confirm your subscription.

ABS-CBN is the leading media and entertainment company in the Philippines, offering quality content across TV, radio, digital, and film. Committed to public service and promoting Filipino values, ABS-CBN continues to inspire and connect audiences worldwide.

Corporate

Investors

Governance

International Distribution

Corporate

Governance

Investors

International Distribution

NPC Seal of Registration

Privacy Policy

AI Policy

Terms of Service

Advertise with Us

© 2026 ABS-CBN Corporation. All Rights Reserved.

NPC Seal of Registration

Privacy Policy

Terms of Service

AI Policy

Advertise with Us

© 2026 ABS-CBN Corporation. All Rights Reserved.

NPC Seal of Registration

Privacy Policy

Terms of Service

AI Policy

Advertise with Us

© 2026 ABS-CBN Corporation. All Rights Reserved.