Pia Cayetano’s video post prompts concern over impartiality

MANILA, Philippines — A social media post by Sen. Pia Cayetano has drawn criticism from a member of the House prosecution panel, who said on Sunday it could raise questions about her impartiality as a senator-judge in the impeachment trial of Vice President Sara Duterte.

Lanao del Sur Rep. Zia Alonto Adiong, spokesperson for the House prosecutors, urged senator-judges to avoid statements that could create the impression they had prejudged the case before all the evidence had been presented.

His remarks came after Cayetano posted on Facebook on Friday an edited one-minute video of Akbayan Rep. Chel Diokno discussing the prosecution’s request to subpoena Duterte’s financial records to support allegations that the Vice President misstated her net worth.

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The Senate impeachment court has since granted the prosecution’s request.

Adiong said the more troubling aspect of Cayetano’s post was not the edited video itself but its caption, which appeared to suggest the prosecution was accusing Duterte without evidence.

Out of context

The caption read: “Nagbabakasakali lang? Walang mga ebidensya pero nag-aakusa na!” (“Just taking chances? No evidence but already making accusations?”)

“A senator-judge must first listen to the entire case and weigh all the evidence before reaching any conclusion,” Adiong said in Filipino.

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On Saturday, Diokno said Cayetano’s post omitted the full context of his remarks, stressing that the prosecution’s request for bank records was not a “fishing expedition” because it was supported by evidence.

READ: Ethics complaint filed vs Pia Cayetano for plagiarism

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“A fishing expedition can be said to have happened only if the party requesting the evidence or documents is merely hoping to find something,” he said. “Let me clarify: We are not merely hoping. We found probable cause, or sufficient basis, in the records of the Anti-Money Laundering Council involving billions of pesos that passed through the accounts of the Vice President and her husband.”

READ: Pia Cayetano: Research, not plagiarism

Sub judice

Adiong said Cayetano’s caption could raise concerns that it violated the sub judice rule, which discourages public comments on the merits of a pending case.

“When you say the prosecution is accusing without evidence, it is difficult to argue that such a claim does not touch on the merits of a case still being heard by the impeachment court,” he said.

He stressed that the issue was not about restricting the freedom of speech of senator-judges but about preserving public confidence in the fairness of the proceedings.

“It is not only actual impartiality that matters,” he said. “The public must also see that no judgment has been formed while the trial is still underway.”

“A senator-judge is not counsel for either side. Their duty is to remain fair, keep an open mind, and decide only after hearing all the evidence,” he added.

Key allegations

The impeachment complaint accuses Duterte of culpable violation of the Constitution, betrayal of public trust and other impeachable offenses, including the alleged misuse of P612.5 million in confidential funds, unexplained wealth, and grave threats against President Marcos, first lady Liza Araneta-Marcos and former Speaker Martin Romualdez.

Among the prosecution’s key evidence is its bid to obtain Duterte’s financial records, which it said would help establish allegations that she failed to accurately declare her assets and liabilities.

Last week, the Senate impeachment court granted subpoenas for Duterte’s bank and financial records, those of her husband, lawyer Manases Carpio, 19 companies allegedly linked to them, and Carpio’s law partnership. It denied requests covering foreign-currency deposits and the bank and tax records of two other companies, citing insufficient evidence linking them to Duterte.

Adiong said senator-judges must avoid actions that could cast doubt on their neutrality as they perform both constitutional and judicial functions.

“The public’s trust in the impeachment process depends on the assurance that every senator-judge will decide solely on the evidence presented in court,” he said.

The House prosecution panel has repeatedly expressed confidence that the senator-judges will remain faithful to their constitutional duty despite intense public scrutiny and political pressure.

Conviction requires the votes of two-thirds of the 24-member Senate. If found guilty, Duterte would be removed as Vice President and permanently barred from holding public office.

Political backdrop

The impeachment trial has unfolded as Duterte remains one of the leading figures in early surveys for the 2028 presidential election, backed by a steady political base despite the controversies surrounding her tenure.

She has already declared her intention to run for president in 2028 even as the Senate impeachment court continues to hear the case that could determine her political future. /cb