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NATIONAL
House prosecution eyes sub judice rap over VP Sara’s attacks on impeach court
by
Jose Cielito Reganit
Nov 10, 2026
3:50 PM GMT+8
SUB JUDICE RULE. The Senate impeachment court prepares to resume the impeachment trial of Vice President Sara Duterte on Tuesday (Nov. 10, 2026). The House prosecution said it may seek action over Duterte’s alleged attacks on the impeachment court and its senator-judges after her lead counsel complained about public statements made by prosecution lawyers. (Screenshot from Senate livestream)
MANILA – The House prosecution on Tuesday said it may seek action over Vice President Sara Duterte’s alleged attacks on the Senate impeachment court and its senator-judges after her lead counsel, Shiela Sison, complained about public statements made by prosecution lawyers.
Private prosecutor Benjamin “Jay” Tolosa Jr. said the prosecution reserved the right to file motions seeking a declaration that Duterte had violated the sub judice rule, which restricts public comments that could prejudice pending proceedings.
“We also reserve the right to file corresponding motions for declaration of violation of sub judice rule as well,” Tolosa told the court.
“I think it does not escape everyone the incessant attacks against the integrity of the impeachment court itself and the senator-judges by no less than the Vice President,” he added.
Tolosa made the statement after Sison raised concerns over what she described as prejudicial remarks by private prosecutors during media interviews.
Sison said the statements went beyond fair comment and touched on the weight of the defense’s evidence and the credibility of its witnesses.
She specifically cited remarks made by Tolosa during Monday’s prosecution press conference and other statements over the weekend.
Sison invoked the impeachment court’s Nov. 5 order reaffirming the enforcement of Rule 18, which governs public statements on pending impeachment proceedings.
She said the defense would submit links to the allegedly prejudicial statements for the court’s consideration.
Presiding officer Sen. Francis “Chiz” Escudero said the court would study the matter and issue orders if necessary.
Tolosa said the prosecution would await the defense’s formal motion and respond accordingly.
Burden of proof
The exchange also turned to the prosecution’s evidence involving properties linked to Duterte that were allegedly not declared in her Statements of Assets, Liabilities and Net Worth (SALNs).
Tolosa rejected Sison’s assertion that the prosecution was shifting the burden of proof to the defense.
“We never stated that it is the defense who should prove the existence of her properties. That was not our statement,” Tolosa said.
“Our statement is that the property covered by the subject transfer certificate of titles, insofar as we’re concerned, we’re already able to prove that that was not declared in the SALN,” he added.
Tolosa maintained that the prosecution had presented evidence identifying the properties and disputed Sison’s claim that the land titles and SALN entries referred to the same assets.
He cited the testimony of Island Garden City of Samal Assessor Engr. John Kenneth Enumerables, who admitted he was not certain whether a disputed property registered under Duterte’s husband, lawyer Manases Carpio, was the same one listed in her SALN.
Tolosa also questioned differences in the property’s location, acquisition year, and price.
“So, the statement a while ago that the prosecution very well knows that these two properties are one and the same, that has no basis, Your Honor,” he said.