Senate impeachment court reinstates sub judice rule on all Sara Duterte charges

Floyd Brenz., Philippine Canadian Inquirer
November 06, 2026

Photo Courtesy: Senate of the Philippines

The Senate impeachment court has reinstated restrictions on public discussions concerning all four articles of impeachment against Vice President Sara Duterte, including the three charges previously withdrawn by House prosecutors.

In an order issued on Friday, November 6, the court ruled that the sub judice provision under Rule XVIII applies equally to all articles, whether they remain under consideration or have already been dropped.

The decision reverses the court’s October 13 ruling, which lifted the restrictions on Articles I, III and IV after prosecutors withdrew them, leaving only Article II for trial.

The three withdrawn articles involved allegations of misuse of confidential funds at the Office of the Vice President and the Department of Education, bribery of DepEd officials, and grave threats against President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos and former House Speaker Martin Romualdez.

The latest order aims to prevent both sides from debating the merits of the withdrawn charges in public while the senator-judges continue hearing the remaining case involving alleged unexplained wealth.

The ruling followed a motion for reconsideration filed by Senator Francis Pangilinan on October 13. It also came after Duterte’s defense team submitted a manifestation on November 4, saying the vice president was not waiving her protection under the sub judice rule and opposed what it described as trial by publicity.

Under the restored restrictions, parties, their lawyers and other individuals covered by the impeachment court’s rules must refrain from making public statements on the merits of the proceedings.

Violations may result in a reprimand for a first offense, while subsequent violations could carry fines of up to P30,000, restrictions on a lawyer’s participation in the trial, and possible referrals to the Integrated Bar of the Philippines and the Supreme Court.

The reinstatement does not bring back the three withdrawn impeachment charges. Article II, which concerns allegations of unexplained wealth, remains the sole charge to be heard by the Senate impeachment court.

Duterte’s defense team is scheduled to begin presenting its evidence when the trial resumes on Monday, November 9.