Private counsel for the prosecution Atty. Benjamin Tolosa examines Atty. Michael Poa during the 21st day of Vice President Sara Duterte’s impeachment trial at the Senate in Pasay City on Wednesday, September 2, 2026. Maria Tan, ABS-CBN News
MANILA (UPDATED) — The Senate impeachment court on Tuesday admonished prosecution spokesperson Benjamin Tolosa Jr. for violating the chamber's sub judice rule against making statements on the merits of the case.
READ: Impeachment court to 'strictly enforce' sub judice rule vs 'trial by publicity'
"I've received the court order from the court and based on my reading, there's no express finding there that I violated Rule 18… Even if there's no express statement that I violated the rule, there's at the end an admonition to exercise greater restraint in giving public statements," Tolosa said in a press briefing on Tuesday.
Tolosa said he "respectfully disagrees" with the court's decision but respects its authority and will not belabor the matter.
He clarified that the admonition does not merit a first offense nor a penalty.
“Buti na lang din kasi kung hindi, pro bono na nga, abunado pa,” he added.
(And that is good because otherwise, I would not only be working pro bono but at a loss.)
According to the show-cause order the court issued, Tolosa discussed merits of the case in a press conference on September 8.
In the last week of August, Presiding Officer Francis Escudero wiped the slate clean for all possible sub judice violations for the prosecution, the defense, and amongst senator-judges.
In September, the impeachment court issued two separate show-cause orders for House prosecutor Terry Ridon and Tolosa Jr. after a motu propr. move from the court's monitoring team, saying the two lawyers tackled merits of the case in press conferences and chance interviews instead of confining discussions to the trial.
Ridon was given a stern warning after he told the court that his statements were done in good faith, and that he merely wanted to inform the public. He underscored that this neither counts as an admonition nor a fine for a violation.
READ: Senate impeachment court gives ‘stern warning' to Ridon over sub judice rule
Tolosa, on the other hand, told the court that his statements were taken out of context, and repeatedly urged the chamber to apply the same judiciousness when it comes to monitoring and evaluating the statements of the respondent-vice president.
"We're asking for equal application of the rules," he told ABS-CBN News on the sidelines of the trial and in a press conference.
"If the rule will be applied very strictly against us… we expect the same strictness will be applied to the vice president and her spokesperson, which to our mind are even more damaging because these are attacks against the integrity of the court," he said.
READ: Impeachment court spox on call for fair treatment in sub judice issues: ‘Raise it in court'
On September 5, the vice president said that she does not trust the court shortly before she posted bail at the Quezon City Regional Trial Court for grave threats charges filed against her.
On September 7, Duterte posted a video message for her supporters, where she claimed that the Marcos administration "controls the senators, prosecutors, judges and police."
On September 25, Duterte described her impeachment trial as a "sarswela" when asked about her inclination to personally attend the ouster proceedings against her.
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