The Sandiganbayan has denied the request of television network CNN Philippines to interview the senators, who were charged with plunder, to make sure the sub judice rule will not be violated.
CNN Philippines wanted to interview Sen. Juan Ponce Enrile, who is under hospital arrest at the General Hospital inside Camp Crame; and Senators Bong Revilla Jr. and Jinggoy Estrada, both detained at the Philippine National Police (PNP) Custodial Center.
The three were arrested for their alleged involvement in the pork-barrel scam using bogus non-governmental organizations operated by businesswoman Janet Lim-Napoles, who is, likewise, facing plunder.
In a resolution dated April 22, 2015, but was only made available to the media on Monday, Sandiganbayan Presiding Justice Amparo Cabotaje-Tang said an interview with the three senators might lead to the violation of the sub judice rule—a rule which bars parties from discussing a pending case to avoid prejudging the issue and influencing the court.
On March 17, in a letter directly addressed to Tang, CNN Philippines requested that news anchor Pia Hontiveros be allowed to have an exclusive interview with the three senators for the network’s weekly political talk show, NEWS.PH.
Also in its request, CNN Philippines requested that the interview be conducted between the months of April and May.
The network said the interviews, which will be taped for later airing, will only focus on “updates” on
the three senators’ health and on “family matters.”
In its comment submitted to the court late last month, the prosecution argued that, though it may be unintentional, the interview “would violate the sub judice rule” given the “political nature” of the talk show.
“Given the nature and character of the News.ph talk show, it is expected that the interview to be conducted with the accused will necessarily touch upon the political angle of his pending cases before this honorable court. The interview will undoubtedly discuss accussed’s status as a detained senator, his views on the criminal charges he is currently facing before this honorable court, and/or his role in the PDAF scam, while serving in the Senate,” the prosecution explained in its resolution.
The court gave weight to the prosecution’s argument, saying the court must always “avoid the potentiality of prejudging the case, influence the court or obstruct the administration of justice.”
The antigraft court also gave weight to the letter that Enrile, through his legal counsel, submitted to the court on April 21, saying, “In all likelihood, he will politely decline any request for an interview from any group at this time bearing in mind his present health condition.”
Enrile, in his letter, also acknowledged that any comment he might be giving in a possible interview, “if intemperate…can become a subject of contempt proceeding for violating the rule on subjudice.”
While Enrile has yet to formally file a motion seeking house arrest, several colleagues from the Senate, as well as the House of Representatives, have called on the court to place the 91-year-old senator under house arrest, citing his advanced age and deteriorating health.
The prosecution, in its letter, said the interview would also generate undue “prejudicial publicity, sympathy and support” for the accused, especially on the issue of whether accused Enrile should be placed under house arrest.
“Considering accused Enrile’s representation that he might decline such a request for interview due to his present state of health and the objection of the prosecution to avoid the potentiality of prejudging the case, influence the court or obstruct the administration of justice, the said request of Marilyn Nicasio, program researcher, Current Affairs of Nine Media Corp./CNN Philippines, is hereby denied,” the court further said.
PNA