MANILA, Philippines – Sub-judice – under or before a judge or court; under judicial consideration; undetermined (Black Law Dictionary). In plain language, it is resolving or deciding of a pending case in court. Thus for the sake of fairness it shall not be commented on during its pendency. Doing so shows lack of respect to the integrity and impartiality of the court and may prejudice the right of the parties. Like any other person, the judge may succumb or be influenced by it either deliberately or unconsciously. The recent case of Vizconde and the current case of General Carlos Garcia are typical examples.

For this reason, courts can cite for indirect contempt any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration of justice (Sec. 3 (d), Rule 71 of the Rules of Court). This improper conduct may be in the form of comments on the merits of the case like the innocence or guilt of the accused, the credibility of the witness, or the strength or the weakness of the case of the plaintiff or the defendant or vice versa. The aforequoted rule is considered as a valid curtailment of the constitutional right of freedom of speech.

It is worthy to recall that when I was conducting the controversial Galman cases, I called the leaders of the rallyists in the street while the trial was on going and in open court I warned them that I would cite them in contempt if they did not stop their rally. They stopped and dispersed. We were able to finish the trial and rendered a decision free from any interference or influence from the public and the mass media.

However, despite its prejudicial effect, violation of the sub-judice rule proliferates because of the failure of either parties or the court to have the violators of the rule cited for contempt or they themselves violate it. And then the losing party will complain that he did not get a fair trial or decision of the case because of questionable consideration.

On this score, for a fair and just administration of justice with the integrity of the court held in high esteem, the court and parties themselves, including the media in all forms, must refrain from making any comment on a case pending in court. In turn, the court should strictly enforce punitive action on any violation through contempt proceeding

either on its own initiative or upon complaint of the offended party.

And now is the time to do it before the administration of justice degenerates to a decision of the mob.