Presiding Officer Francis “Chiz” Escudero on Tuesday, Sept. 1, ordered all witnesses appearing before the Senate impeachment court to refrain from using cellphones, smartwatches, earpieces and other communication devices while testifying, citing the need to protect the integrity of the proceedings.

Presiding Officer Senator Francis "Chiz" Escudero (Senate PRIB photo)

Escudero issued the directive after an AI-generated image circulated online purporting to show former Office of the Vice President assistant secretary Lemuel Ortonio wearing an earpiece while testifying before the impeachment court.

Escudero clarified that the image was not part of the official record and did not establish that Ortonio actually wore an earpiece or received outside assistance.

“The Chair therefore makes no finding against him,” Escudero said.

Nevertheless, he said the controversy underscored the need for a uniform safeguard against possible witness coaching, tampering, or outside influence.

“Testimony must be the witness’s own and must remain free from tampering, coaching, or outside influence,” Escudero said.

He cited the fundamental principle that witness testimony should remain free from coercion, coaching, or improper influence to preserve the integrity of judicial proceedings.

Escudero also referred to US cases as persuasive authority, citing a 2003 Philippine Supreme Court ruling that foreign decisions may be considered persuasive when no local authority squarely addresses a particular situation.

He cited the February 2026 US case Villarreal v. Texas, where Justice Samuel Alito, in a concurring opinion, said that when a defendant is testifying, defense counsel cannot pass notes to the witness or communicate with the witness through an earpiece.

According to Escudero, Alito explained that a witness must provide his own account in his own words rather than testimony “scripted or choreographed by counsel.”

Escudero likewise cited Sky Development, Inc. v. Vistaview Development, Inc., a 2010 US case that recognized that real-time coaching could come not only from lawyers but also from other interested persons through electronic messages.

“The Court need not wait for actual coaching to occur,” Escudero said. “Once testimony is compromised, the harm to the truth-seeking process may be impossible to cure.”

Under Escudero’s order, witnesses are prohibited from possessing, wearing, accessing or using any cellphone, smartwatch, earpiece, headset, smart glasses or other device capable of transmitting or receiving communications while testifying.

Witnesses are also prohibited from receiving or attempting to receive any communication, suggestion, answer, signal, message, prompt, or assistance from any person, whether inside or outside the session hall.

The restriction will also apply during recesses until the witness is formally discharged.

Escudero ordered witnesses not to discuss the substance of their testimony with anyone during such recesses.

Any medical, accessibility, interpretation, or evidentiary device deemed necessary, as well as consultations unrelated to the substance of the testimony, will require the prior approval of the presiding officer.

The Clerk of the Impeachment Court was directed to inform every witness of the order, secure prohibited devices before witnesses are sworn in, and obtain their confirmation of compliance on the record.

Any violation will be immediately reported to Escudero and may be dealt with under the impeachment court’s contempt and disciplinary powers.