Philippine Impeachment Court Imposes Two-Strike Sub Judice Rule as Duterte’s Counsel Says She Will Try to Comply

The Senate impeachment court trying Vice President Sara Duterte has moved to restrict what the parties can say outside the chamber, and the vice president's own lawyers have signalled qualified compliance.

Duterte will try to comply with the sub judice rule issued by presiding officer Senator Francis Escudero, according to her counsel Paolo Panelo, who represents her in a separate perjury complaint against alleged former bagman Ramil Madriaga. Panelo responded after Escudero reminded the vice president that she is covered by the court's two-strike policy.

The ruling came on the nineteenth day of trial. The court determined it would impose penalties on parties making public remarks about the case — on the same day Duterte publicly accused the prosecution of resorting to political theatrics.

Escudero had earlier warned that one side had been crossing the line many, many times.

The timing was unusually direct

The sequence on 26 August is worth setting out, because the ruling and the alleged breach were close to simultaneous.

House lead prosecutor Gerville Luistro raised on the floor a statement Duterte had issued that morning condemning name-calling during her trial, in which she said the accusations against her should be proven with evidence rather than insults, speculations or political theatrics.

Escudero asked the defence panel to remind the vice president that his ruling covers her, and noted that because she issued the statement while he was delivering the ruling, prospectivity would apply.

Constitutional lawyer Lulu Reyes described the ruling as a very eloquent way of issuing a gag order.

The witness list is shifting

Two changes to the prosecution's case emerged in the same week, and one is unusual.

The prosecution said it will not present Ramil Madriaga, Duterte's alleged former aide who identified himself as her bagman, as a witness. Madriaga's affidavit had featured in the impeachment complaints filed in early 2026. The panel also said it no longer sees the need to call Colonel Raymund Lachica.

Meanwhile the prosecution intends to call Michael Poa — a member of Duterte's own defence team — as its witness. Poa is expected to remain as her lawyer while testifying for the other side, and the defence has been considering replacing him as spokesperson following the sub judice ruling.

Testimony this week came from Lemuel Ortonio, assistant chief of staff at the Office of the Vice President, who told the court he had not been able to see or verify acknowledgement receipts for the office's confidential funds under questioning from senator-judge Raffy Tulfo.

Background to the trial

Duterte was impeached a second time by the House of Representatives on 11 May, becoming the first Philippine vice president to be impeached and the first to be impeached twice. The trial opened on 6 July.

The articles allege betrayal of public trust, culpable violation of the Constitution, graft and corruption, and bribery, arising from the claimed misuse of funds at the Office of the Vice President and the Department of Education, which Duterte previously headed.

The Senate amended its rules in June to allow a senator other than the Senate President to preside, and Escudero was elected to the role.

What to watch

Whether the two-strike rule is enforced is the first question. A gag order that is announced but not applied changes little; a first strike against either party would establish its weight.

The second is Poa's testimony. A sitting defence counsel appearing as a prosecution witness is an unusual arrangement and may generate procedural challenges.

The third is the trial calendar. Proceedings were cancelled on 19 August because of heavy rainfall, and severe flooding has continued.