House prosecutors in the impeachment trial of Vice President Sara Duterte have decided to focus on Article 2, which covers allegations of ill-gotten wealth, while withdrawing charges involving the misuse of confidential funds, bribery, and threats.
The article on bribery has yet to be discussed in the impeachment court.
The Senate, acting as impeachment court, allowed the withdrawal of the 3 charges despite protests from the vice president’s defense team, which claim the move was unfair and an affront to due process. It may still be reconsidered.
Lead prosecutor and Batangas Rep. Gerville Luistro said the prosecution believes it has presented sufficient evidence to support Article 2 independently.
“The prosecution believes it has presented sufficient evidence for Article 2 to stand on its own. All-in po tayo dito,” Luistro said.
She added that the House panel considers the evidence strong enough to warrant impeachment.
However, lead defense counsel Atty. Sheila Sison warned that withdrawing the other charges should not prevent Duterte from responding to allegations previously raised under those accusations.
Sison argued that allowing prosecutors to withdraw charges without preserving the respondent’s opportunity to rebut them could undermine due process and fairness.
“The prerogative to withdraw an accusation is not the power to suppress its rebuttal on the part of the respondent,” she said.
Sison cautioned that the prosecution’s approach could border on a mistrial, stressing that Duterte must retain her right to answer the allegations.
The dispute highlights tensions between the prosecution’s narrowed case and the defense’s insistence on procedural fairness.
Senator Francis Escudero, who is presiding officer in the trial, said the withdrawal also lifts the sub judice rule on public discussion on the withdrawn charges.
