Barbers offers compromise, seeks leniency on sub judice ruling
At A Glance
- Ace Barbers appeals for leniency on the Senate's sub judice rule, allowing prosecutors to inform the public without discussing trial merits.
- He says some flexibility is needed given the unique nature of impeachment proceedings and the public interest.
- Barbers says the prosecution will follow the ruling and urges it to apply equally to senator-judges.
Robert Ace Barbers (left), Senator Francis "Chiz" Escudero (MANILA BULLETIN, Facebook)
Fully aware of what's at stake, House impeachment adviser Robert Ace Barbers has sought leniency from the Senate impeachment court as far as the sub judice rule in Vice President Sara Duterte's trial is concerned.
According to Barbers, the court must observe flexibility in order to help the public understand the high-stake proceedings.
“Personally ako, ang aking apela ay magkaroon ng leniency. Payagan ang ating ibang mga prosecutors as long as hindi sila magdi-discuss ng merito na makakapag-influence sa desisyon na maaaring gawin ng ating mga senator-judges,” he said on Aug. 29 during the the Saturday News Forum in Quezon City.
(Personally, my appeal is for leniency. Let our other prosecutors speak as long as they do not discuss the merits in a way that could influence the decision that our senator-judges may make.)
Presiding officer Senator Francis "Chiz" Escudero recently made a ruling that essentially prohibited parties from discussing merits of the trial outside the court.
With this, lawyers from the prosecution and defense panels could no longer or join press conferences.
Escudero's ruling prohibits public comments on disputed facts, witness credibility, the weight or sufficiency of evidence, the legal viability of a charge or defense, and the possible outcome of the trial.
But Barbers sees a possible compromise: he said prosecutors could, for instance, relay statements already made by witnesses in open court without commenting on their credibility or the weight of their testimony.
Barbers said some latitude could be considered given the sui generis, or unique, nature of impeachment proceedings and the public interest in understanding the trial.
“Sabi nga, itong impeachment ay sui generis. Baka sakaling pwedeng medyo luwag-luwagan natin dahil ang pinaka-objective sana ay ma-inform ang publiko kung ano iyong totoong nangyayari,” he said.
(As they say, this impeachment is sui generis. Perhaps we can be a little more lenient because the main objective should be to inform the public about what is really happening.)
He stressed the importance of helping Filipinos understand the impeachment process and what transpires during the trial.
Barbers said designated spokespersons for both the prosecution and defense could provide accurate information while helping counter misinformation.
“Itong pag-a-appoint ng mga designated spokespersons sa bawat panig, iyong defense at iyong prosecution, ay para magkaroon ng tama, accurate, at hindi fake news na mga impormasyon sa labas ng ating korte,” he said.
(The appointment of designated spokespersons for each side, the defense and the prosecution, is intended to ensure that the public receives correct, accurate, and non-fake-news information outside our court.)
His appeal notwithstanding, the former House quad-committee (quad-comm) overall chairman stressed that the prosecution team would comply with the court’s ruling.
Barbers also maintained that the sub judice restrictions should be applied uniformly to everyone covered by the ruling, including senator-judges.