Sub judice rule must not muzzle public’s right to know

MANILA – The House prosecution panel on Wednesday urged the Senate impeachment court not to let the sub judice rule prevent the Filipino people from understanding the impeachment trial, saying they have the right to know what is happening in the proceedings.

Bicol Saro Party-list Rep. Terry Ridon, one of the House prosecutors, said the public must remain informed about the evidence and developments in the trial, since much of the proceedings involves technical and document-heavy matters that may be difficult for ordinary citizens to understand.

“We do not want a trial that is divorced from the understanding of the public,” Ridon said at a press briefing.

He stressed that both parties have an important role in explaining to the public why particular pieces of evidence matter and what is happening in the courtroom.

“Very important po na ma-strike po yung balance dito po sa bagay po na ito (It is important to strike a balance on this isue),” he said.

Ridon made the statement after impeachment court Presiding Officer Sen. Francis “Chiz” Escudero announced that the court would issue next week a ruling concerning possible violations of the sub judice rule by participants in the proceedings.

Escudero said the court had been monitoring public statements by counsels of both parties and that it was already preparing a ruling on the matter, but concerned parties would be allowed to be heard before the court acts on the issue.

Ridon said the public’s understanding of the proceedings is important because the impeachment trial deals with evidence and legal issues that may not be readily understood outside the courtroom.

He said the explanations given by the parties and their spokespersons help ordinary Filipinos understand why particular pieces of evidence matter and why the accountability issues being examined by the court are important.

He said restricting such explanations too severely could effectively remove the people from the impeachment process. Ridon nevertheless said the prosecution would respect the determination of the impeachment court on what statements are permissible under its rules.

“We will respect the determination and decision of the Senate impeachment court on yung po ma-allowable (on the allowable) utterances and statements of the parties,” he said.

Lawyer Benjamin Tolosa Jr., counsel for the House prosecutors and spokesperson, explained that the sub judice rule prohibits the parties, counsels and senators from commenting on or disclosing matters about the merits of the case.

But he said there is a recognized exception for fair and accurate reporting, such as matters already discussed during the public proceedings that could be reported outside the courtroom, provided the reporting accurately reflects what was said during the trial.

“As long as it’s fair and accurate reporting of what was said,” Tolosa said.

He said this was why the prosecution had sought to anchor its statements to the testimony of witnesses and other matters already placed on the record.

He also said the prosecution would be more careful in its public statements following the court’s forthcoming ruling and would accept responsibility for any misstep.

“We’ll be humble enough, in case, even despite our best efforts to make sure that our statements would fall under the exemption. But kung meron kaming naging misstep dito, pagkakamali (if ever we had missteps or mistakes), of course, we’ll be humble enough to take accountability for that,” Tolosa said.

“But we hope that the same liberality will be applied to all of us,” he added.

The impeachment court is expected to issue its ruling on the sub judice matter when proceedings resume on Aug. 17. — Jose Cielito Reganit (PNA)