Prosecution legal spox Tolosa receives impeachment court warning over comments
MANILA, Philippines — House prosecution legal spokesperson Benjamin Tolosa said that he also received a warning from the Senate impeachment court over comments on the case’s merits.
In a press conference on Tuesday, September 29, Tolosa said that there is "no express finding" that he violated the court's sub judice rule.
"Based on my reading, there's no express finding there that I violated Rule 18," Tolosa said.
“I would assume that the reason for this is that the court listened and considered the explanation that we gave in our answer,” he added.
According to Tolosa, the Senate's order did not contain any discussion disputing his defense that his public remarks fell under the "fair, true, and accurate reporting doctrine.”
Furthermore, he noted that the court did not contradict his assertion that the matters he had publicly discussed were merely procedural and therefore fell outside the restrictive scope of Rule 18.
Rule 18 of the impeachment rules prohibits parties from commenting on the merits of the case.
Despite the absence of an explicit finding of a violation, Tolosa said that the Senate impeachment court concluded its order with an admonition, directing the prosecution to exercise greater restraint when making public statements that could affect the merits of the case.
However, Tolosa disagreed with the warning, as there was no express mention that he violated a rule.
“Nonetheless, while I respectfully disagree, of course, I respect the authority of the impeachment court as an institution,” Tolosa said.
House Prosecutor Rep. Terry Ridon (Bicol-SARO) was also issued a stern warning by the Senate impeachment court over his comments.
The impeachment court also cautioned Ridon to observe the difference between merely informing the public about what occurred in the trial and “telling the public what the evidence proves or why it supports a party’s position.”
“This is to ensure that any decision made by senator-judges is based not on statements publicized outside the court but upon evidence and arguments presented and tested within its established parameters,” the order read.
In an interview with reporters, Ridon said that he accepted the warning from the impeachment court.
“Tinatanggap po natin ang warning na ito, at nagpapasalamat tayo sa Senate impeachment court sa kanilang graciousness sa bagay na ito,” Ridon said.
“We are committed to exercise greater restraint on particular details on the impeachment proceedings moving forward,” he added.
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