00:00Senator Judges' Impartiality, Decorum, and the Internal Remedy
00:06The chair begins where institutional discipline must always begin, with the court itself.
00:11The restraint, impartiality, and decorum demanded of the parties and their counsel must first be exemplified by those who sit
00:18in judgment.
00:19As Senator Judges, let us keep in mind our oath, quote,
00:23to do impartial justice according to the Constitution and the laws of the Philippines, close quotations.
00:29And the requirement under Rule 3 of the Rules of Impeachment to observe political neutrality therein defined as, quote,
00:37the exercise of a public's official duty without unfair discrimination and regardless of party affiliation or preference.
00:46The chair likewise cites the relevant provisions of the 2025 Code of Judicial Conduct and Accountability, or CIPRA,
00:54on impartiality and the subjudicial rule.
00:57Canon 3, Section 10 provides, quote,
01:00During dependency of a case, a judge shall not knowingly make any comment in and out of court
01:07that could reasonably be expected or perceived to affect its outcome,
01:12impair the fairness of the process, or diminish the public's confidence in the court's impartiality.
01:18Canon 4, Section 24 provides, quote,
01:21A judge shall not engage or use any form of expression which tends to violate
01:26or has the effect of violating the subjudice principle,
01:30provoke or inflame divisive and contentious issues of public concern,
01:35or project an image not compatible with the dignity of their position.
01:41Taken as a whole, these principles remind us of our duty to preserve the impartiality of this court
01:46and the fairness of these proceedings.
01:48As the court said in People v. Court of Appeals, GR No. 118882,
01:54this court has repeatedly and consistently demanded, quote,
01:58the cold neutrality of an impartial judge as the indispensable imperative of due process.
02:04Judicial proceedings are not orchestrated plays
02:07in which the parties are supposed to make motions
02:10and reach the denouncement according to a prepared script.
02:14There is no right to foreordain the ending.
02:16Close quotation.
02:18Also in Berzo v. Rabbe, AM No. RT 21010,
02:24a judge must not only be impartial, but must also appear to be impartial
02:29as an added assurance to the parties that his decision will be just.
02:33Litigants are entitled to no less than that.
02:36For avoidance of doubt, this shall not prevent senator judges from examining the evidence
02:42where the examination belongs during the proceedings and on the record.
02:47The Supreme Court in People v. Gambor, GR 152183, said,
02:52The trial judge is accorded a reasonable leeway in putting such questions to witnesses
02:58as may be essential to elicit relevant facts, to make the record speak the truth.
03:04A judge may examine or cross-examine a witness.
03:07He may propound questions to test the credibility of the witness and to extract the truth.
03:12He may seek to draw out relevant and material testimony,
03:16though that testimony may tend to support or rebut the position taken by one or the other party.
03:23It cannot be taken against him if the clarificatory questions he propounds
03:28happen to reveal certain truths which tend to destroy the theory of one party.
03:34Taken together, Rule 17 and the Gambor case confirm
03:39that a searching question is not partial merely because the answer may aid one side or weaken the other.
03:47The prosecution and the respondent's counsel must be prepared to answer such questions.
03:52The inquiry must remain relevant, material, fair, and directed toward clarification of truth.
03:58It must not devolve into a speech, harassment, partisan advocacy, or an announcement of a conclusion already reached.
04:08The line is clear.
04:10Senator judges may test the evidence here under oath and on the record,
04:14exercising the cold neutrality of an impartial judge.
04:19When constituted as an impeachment court,
04:21the Senate does not cast aside the discipline of parliamentary practice,
04:26except where the specific rules on impeachment or the adjudicative nature of these proceedings require otherwise.
04:32The rules of the Senate establish parliamentary precedents and courtesies of the chamber
04:37continue to bind every member sitting as senator judge
04:41under Rule 34, Sections 93 and 94 of the Rules of the Senate.
04:47Deem acts or language that offend a senator or any public institution or third party
04:53to be unparliamentary and prohibit the use of offensive and improper language
04:58against another senator or public institution or third party.
05:02Henceforth, I hope senator judges shall refrain from unparliamentary remarks,
05:07personal attacks, imputations of improper motive,
05:10and other language incompatible with the dignity of these proceedings
05:14and of parliamentary courtesy to other people.
05:17The chair will at all times extend to his fellow senator judges the courtesy,
05:22befitting equals, and reasonable latitude that serious deliberation requires.
05:29Differences in judgments and vigor in debate are to be expected
05:33and shall, as far as practicable, be met with patience, flexibility, and respect.
05:39Should circumstance so require, however,
05:41the chair will not hesitate to enforce the rules of this impeachment court,
05:45the rules of the Senate, particularly Sections 95 and 96 in this chamber.
05:52Firmness need not be unkind, nor courtesy come at the expense of duty.
05:58Both serve the same end, the fair and honorable administration of justice.
06:04Further, where a senator judge is alleged to have violated the impeachment oath,
06:10Rule 3, Rule 18, or any other applicable rule of the Senate,
06:17unavailable institutional remedy within the Senate is the filing or referral of an ethics complaint
06:21to the Senate Committee on Ethics and Privileges in accordance with the internal rules of the Senate.
06:27Under Rule 10, Section 1316 of the Rules of the Senate,
06:30the Committee on Ethics has jurisdiction over all matters relating to the conduct,
06:35rights, privileges, safety, dignity, integrity, and reputation of the Senate and its members.
06:39Any disciplinary action remains for the Senate to determine
06:42under Article 6, Section 16.3 of the Constitution and applicable rules.
06:48This shall not be a proper subject matter to be taken up within this impeachment court
06:53so as not to divert the attention from the impeachment trial against the respondent in this case.
07:00Accordingly, the chair reminds all senator judges,
07:03first, to observe the impartiality and political neutrality required by their oath and the rules.
07:08Second, to observe the parliamentary rules, precedence, and courtesies of the Senate
07:12and refrain from unparliamentary, offensive, or improper remarks.
07:17Third, to exercise their authority under Rule 17 to question witnesses, prosecutors,
07:23and counsels for the respondent and the prosecutor during the proceedings on the record
07:29instead of through commentaries in social media.
Comments