Presiding Officer Francis “Chiz” Escudero on Monday clarified that the sub judice principle will continue to apply to all Articles of Impeachment against Vice President Sara Duterte, including those withdrawn by the prosecution.
Under Rule 18 of the impeachment trial rules, the sub judice principle prohibits covered persons from issuing public statements or commentaries on matters under consideration by the court.
The clarification was made during the 40th day of Duterte’s impeachment trial on November 9, 2026, following a three-week recess.
Escudero explained that the court had initially ruled that Rule 18 would no longer apply to Articles 1, 2, and 4 following the prosecution’s decision to withdraw them.
However, the defense, through lawyer Sheila Sison, objected to the abandonment of the rule. Senator-judge Francis Pangilinan subsequently moved for reconsideration of or an appeal against the presiding officer’s ruling.
In response to Duterte’s November 4 manifestation asserting that she had not waived the application of Rule 18, the court issued an order dated November 5, resolving that the sub judice principle would continue to apply "equally" to all Articles of Impeachment, whether withdrawn or still pending adjudication.
“In view of the Respondent's November 4, 2026 manifestation on her non-waiver of Rule 18, the Court acting on the appeal of Senator Judge Pangilinan issued an order dated November 5, 2026, resolving the sub judice principle under Rule 18 of the Rules of Procedure on Impeachment Trials shall continue to apply with equal force to all articles of impeachment, whether withdrawn or pending adjudication,“ Escudero said.
Escudero reiterated the court’s reminder to both the prosecution and the defense to refrain from issuing public statements or commentaries that could violate the sub judice rule.
“And reiterating the August 26, 2026 ruling of the Court enjoining all covered persons to refrain from issuing public statements or commentaries in violation of Section of Rule 18, rather,” he added.
Before the three-week recess, the prosecution withdrew three impeachment articles against Vice President Sara Duterte, leaving only the charge of unexplained wealth.
