Sen. Francis Escudero, the Presiding Officer in Vice President Sara Duterte’s impeachment trial, reminded his fellow senator-judges that they have a duty to be impartial and politically neutral in the case and should avoid unparliamentary and offensive remarks.
Escudero made the call as he also called out counsel for statements that violate the sub judice rule, saying the Impeachment Court will strictly implement the rule moving forward.
Escudero said institutional discipline must begin with the court itself.
“The restraint, impartiality, and decorum demanded of the parties and their counsel must first be exemplified by those who sit in judgment,” he said.
He said they have taken an oath to do impartial justice according to the Constitution and the laws of the Philippines.
He said judges should not diminish the public confidence in the court’s impartiality or provoke or inflame divisive and contentious issues of public concern.
“Taken as a whole, these principles remind us of our duty to preserve the impartiality of this court, and the fairness of these proceedings,” he said.
Escudero said the senator-judges may question witnesses and test their credibility, and cannot be faulted if their questions reveal certain truths which tend to destroy the theory of one party.
But the questions must be relevant, material, fair, and directed toward clarifying the truth.
They must also not lead to a speech, harassment, advocacy, or an announcement of a conclusion.
“Henceforth, I hope senator-judges shall refrain from unparliamentary remarks, personal attacks, imputations of improper motive, and other language incompatible with the dignity of these proceedings and of parliamentary courtesy to other people,” he said.
If a senator-judge is alleged to have violated the impeachment oath, Escudero said the institutional remedy in the Senate is the filing or referral of an ethics complaint to the Senate Committee on Ethics and Privileges.
“This shall not be a proper subject matter to be taken up within this Impeachment Court so as not to divert the attention from the impeachment trial against the respondent in this case,” he said.