Tongol: Rule bars senator-judges' comments amid Robin Padilla FB posts

MANILA, Philippines — Senator-judges are bound by the Senate impeachment trial’s sub judice rule prohibiting them from commenting on the merits of the case, Senate impeachment court spokesperson Atty. Regie Tongol said Friday.

During a press briefing, Tongol was asked about Sen. Robinhood Padilla’s Facebook post discussing video evidence presented in one of the impeachment proceedings against Vice President Sara Duterte.

READ: Robin Padilla visits Rodante Marcoleta at PNP General Hospital

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Tongol stressed that senator-judges are “even more” covered by the sub judice rule because impeachment is a political process, making it important to avoid creating the impression that members of the tribunal have already formed opinions on the case.

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According to Tongol, public comments on the merits of the case could raise questions about the impeachment court’s impartiality and undermine public confidence in its eventual decision.

“If you read Rule 18 of our Senate Impeachment Rules, senator-judges, House prosecutors, defense counsels and private counsels or counsels for prosecutors are not allowed to speak on the merits of the case,” Tongol told reporters.

The remarks came after Padilla, who has long identified himself as an ally of the Duterte family, posted on Facebook about the authentication of video evidence, arguing that only the original or “raw” recording of a Zoom meeting should serve as the basis for authentication and not copies obtained from online sources.

The senator-judge also defended his views by citing his decades of experience in mass media and urged critics to teach the public “facts” instead of “misguiding” them.

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Tongol, however, stressed that it is not his place to say whether a senator-judge committed a breach.

“I am not saying senator-judge Robin violated the rule. I am not a senator to make that determination,” Tongol said.

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He added that if concerns are raised over a senator-judge’s statements, any action would have to come from the impeachment court itself.

“That’s when we’ll find out whether the presiding officer will simply remind our senator-judges. I don’t think the presiding officer would cite them for contempt over something like that.,“ he said. /mr

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