Defense: Dropping 3 impeachment articles ‘unfair,’ risks mistrial

MANILA — The defense team in the impeachment trial of Vice President Sara Duterte said it is “unfair” and warned of a possible mistrial as the prosecution expressed its intent to drop three articles of impeachment after evidence for two had been presented.

The prosecution told the impeachment court on Tuesday that it is dropping the articles accusing Duterte of grave threats against President Ferdinand Marcos Jr., confidential funds misuse, and bribery of Department of Education (DepEd) officials.

It is retaining one article on unexplained wealth.

The prosecution has finished presenting its evidence for the grave threats and confidential funds misuse allegations.

Defense counsel Sheila Sison raised that the prosecution had been given the opportunity to present evidence in relation to the two articles, while Duterte as the respondent “would be at risk of being denied the benefit of having that evidence contradicted.”

She added: “We feel and believe that this is not fairness, and it is not keeping with the guarantees of due process because the right to be heard is not merely satisfied by allowing the respondent some room to present evidence on her behalf.”

Duterte’s lawyer added that the prosecution “cannot unilaterally proceed how the defense would proceed” and which accusations the senator-judges and the public would hear. 

Sison acknowledged the prosecution’s possible intention to speed up the trial, but noted that shortening the proceedings so the court could immediately come up with a decision poses the risk of a “mistrial.”

This, she said, may result in proceedings where the balance between the accusations and the defense is “so seriously compromised.”

“The defense would not appear to be forced to limit its presentation or its rebuttal of its evidence,” Sison said.

The lead defense counsel also noted that five of the eight articles against the impeached chief justice Renato Corona were dropped before the evidence were presented, unlike in Duterte’s case. 

In the prosecution’s manifestation, lead House prosecutor Gerville Luistro cited Corona’s case, saying it “recognized the prosecution’s privilege to determine which articles to pursue and which to drop.”