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Court rules sub judice rule doesn't apply to Duterte's GenCorp statement

The presiding officer of the Senate impeachment court has clarified that sub judice rules do not restrict comments made by Davao City Mayor Sebastian Duterte regarding his upcoming testimony. Senator-Judge Francis Escudero made the ruling in response to a statement Duterte released before his court appearance.

LSN Philippines · 29 September 2026

MANILA — The sub judice rule, which typically restricts public commentary on pending legal proceedings, does not apply to remarks made by Davao City Mayor Sebastian "Baste" Duterte prior to his Senate impeachment court testimony, according to the court's presiding officer.

Senator-Judge Francis Escudero issued the clarification on Tuesday regarding a statement released by Mayor Duterte on September 22. The ruling addresses questions about whether Duterte's pre-testimony remarks violated restrictions on public discussion of ongoing cases before the court.

The sub judice rule traditionally prevents parties and observers from making public statements that could influence court proceedings or prejudice the case. Escudero's determination that the rule does not cover Duterte's GenCorp-related comments suggests the mayor has wider latitude to speak publicly about the matter before his scheduled court appearance.

The ruling provides clarity as the impeachment proceedings continue in the Senate, where Duterte is expected to testify on matters related to his statements and business interests. Escudero's decision effectively allows Duterte greater freedom to address the allegations publicly without risking contempt of court charges.