LIVE UPDATES: Vice President Sara Duterte’s Impeachment Trial (Day 39)

Today is the 39th day of the impeachment trial of Vice President Sara Duterte, with the Senate impeachment court set to hear the prosecution’s final manifestations on its move to drop Article III, which accuses Duterte of bribery. The prosecution is also expected to formally rest its case after completing the presentation of evidence on Article II, which concerns alleged unexplained wealth.

3:34 p.m. – Escudero explains that relaxing Rule 18 will allow Duterte to respond in a manner she may deem fit both inside and outside the courtroom. 

3:32 p.m. -Sison reiterates that the decision to withdraw the three Articles of Impeachment is the lookout of the prosecution. She says they are registering their objection to whatever idea that the action of the prosecution will make decisions for how the respondent or the defense will present its evidence or how long it will take them.

3:17 p.m. – Sison asks — Does the extended ruling really give fairness to the Vice President?

3:15 p.m. – Sison asks if the respondent is prohibited from showing any evidence under Articles 1, 3, and 4. Escudero says the respondent is not prevented from making manifestations regarding the three Articles. He says, though, that the presentation of evidence under these will be of no useful purpose given that these will not be used in consideration of the vote. Sison points out that during the Corona impeachment trial, the Articles withdrawn were done before testimonies and witnesses were presented. 

3:11 p.m. – Sison registers their strong objection to the extended ruling as it allows what she calls an unregulated and unbridled exercise of statements after the relaxation of Rule 18 or the sub judice rule. 

3:07 p.m. – Trial schedule according to Escudero:

• Nov. 9: beginning at 10 a.m.; Senate will convene session in the afternoon; 
• Nov. 10: whole day from 10 a.m. to 6 p.m. or 6:30 p.m.;
• Nov. 11: from 10 a.m., and the Senate may conveneas legislative body in the afternoon; 
• Nov. 12-13: whole day or 10 a.m. until 6 p.m. to 6:30 p.m.;
• Nov. 19-20: whole day or 10 a.m. until 6 p.m. to 6:30 p.m.;
• Nov. 23: 10 a.m. to 2 p.m.

Escudero says they will still decide on the December schedule depending on the number of trial dates that the defense will request. He says the defense has 26 calendar days from today to prepare for its evidence in chief.

2:59 p.m. – Escudero says the prosecution has 10 days or until October 23 to submit its written formal offer of documentary and object evidence under Article 2. The respondent has 10 days from receipt of the formal offer to file comments and objections.

2:52 p.m. – Escudero rules that Articles 1, 3 and 4 will not be submitted for the Senator-judges’ vote. The respondent will not need not to present evidence in defense of these three Articles. The sub judice rule will also no longer cover the withdrawn Articles. 

2:50 p.m. – Escudero says Article 3 is deemed withrawn without prejudice against the respondent since the prosecution did not present or deduce evidence under this. The withdrawal of Article 3 is limited to the trial alone.

2:46 p.m. – Escudero says Articles 1 and 4 are deemed withdrawn with prejudice against the respondent. This means these may not be revived in the trial, may not be refiled, reprosecuted, or transmitted anew against the same respondent during the same term and in this 20th Congress.

2:41 p.m. – Escudero: “The court accepts and confirms the prosecution’s manifestation — Articles 1, 3 and 4 from this point forward are deemed withdrawn.”

2:36 p.m. – Escudero gives his extended ruling.

2:34 p.m. – Sison rebuts the statement of Luistro that they do not want to waste the court’s time, says it already did when it spent 38 days in presenting all its evidence. 

2:23 p.m. – According to Cayetano, the 2027 budget is the priority, but if they can proceed with it together with the impeachment trial, why not? He also says whatever the judgment, it has to be acceptable to the Filipino people.

2:20 p.m. – Senator-judge and Minority Leader Alan Peter Cayetano says it is to the best interest of everyone that there’s fairness and they take their time. He adds that he is uncomfortable in finishing the trial with unfairness, and finishing it before the budget proceedings.

2:16 p.m. – According to Sison, whatever the prosecution decides is their call, but the defense will proceed the way it sees fit. 

2:12 p.m. – Sison says it is unbelievable and unacceptable for the prosecution to even suggest for Duterte to just use another platform. Sison: “It is ridiculous to even suggest to the respondent that, ‘Hey after 38 days, pinresent namin ang lahat ng mga tao na sa tingin namin ay kayang magbigay ng damage sa iyong reputasyon at kayang mag-identify ng mga dokumento na gusto naming marinig ng taumbayan. Pero ang gagawin namin, sa bandang huli, ay iwi-withdraw namin ang lahat ng ito at sasabihin na lang namin na ito ay para sa taumbayan para may kaunti namang kabilisan ang trial na ito. But nonetheless may iba ka namang platform, respondent.'”

2:08 p.m. – Luistro manifests that it is not their intention to disregard the resources spent already by the Impeachment Court, neither is it the intention of the prosecution to cause unfairness or injustice to Duterte. She adds their decision was arrived at after careful study of what is best for the Impeachment Court, the public and the respondent. According to Luistro, the defense was given their chance to participate through their “lengthy, extensive, engaging” cross examination. She says if the desire of the defense is to share their pieces of evidence, then there are a lot of platforms to use for this. 

2:07 p.m. – Luistro manifests that it is not their intention to disregard the resources spent already by the Impeachment Court, neither is it the intention of the prosecution to cause unfairness or injustice to Duterte. She adds their decision was arrived at after careful study of what is best for the Impeachment Court, the public and the respondent. According to Luistro, the defense was given their chance to participate through their “lengthy, extensive, engaging” cross examination. 

2:03 p.m. – Trial resumes.

1:30 p.m. – Senator-judge and Presiding Officer Francis Escudero says it is not solely the prosecution’s call to withdraw an Article of Impeachment. He says once an Article is filed, it is subject to and under the disposition of the court, not the parties. Escudero declares a brief recess.

1:28 p.m. – Sison says, though, that the prosecution cannot dictate on the defense and that it is unfair if the side of the respondent, Vice President Sara Duterte, is not heard after all the presentation and allegations from the other side. She adds that the right to be heard is not only satisfied by the presentation of some evidence, but also includes meaningful opportunity to answer material accusations.

1:23 p.m. – Lead defense counsel Atty. Sheila Sison says they respect the decision of the prosecution. Sison: “It now has given formal notice that the prosecution, after 38 days and expenditure of government resources, presenting all theses witnesses and so called evidence, and spending all our time coming to court is now formally withdrawing two of those Articles for which they had presented evidence.”

1:19 p.m. – According to Luistro, concentrating on Article 2 is the most judicious course consistent with evidence and duty to the nation. She manifests that they will withdraw their intention to pursue Article 1 on alleged misuse of confidential funds, Article 3 on alleged bribery, and Article 4 on alleged grave threats.

1:17 p.m. – Why is one article enough? Luistro says they believe they have presented enough evidence for Article 2 to stand on its own. Luistro: “All in po tayo dito. We believe that evidence is substantial and compelling and warrants the respondent’s removal from office for culpable violation of the Constitution and betrayal of public trust.” 

1:13 p.m. – Luistro manifests that they will no longer pursue three Articles of Impeachment and will only stand on one — Article 2 or the alleged unexplained wealth.

1:11 p.m. – Lead House prosecutor Rep. Gerville Luistro is recognized for her manifestation.

1:07 p.m. – Diokno requests for the marking of additional exhibits such as the forensic report and curriculum vitae of Atty. Alexander Cabrera, the prosecution’s financial forensic analyst. Senator-judge and Presiding Officer Francis Escudero orders the said marking.

1:04 p.m. – House Prosecutor Rep. Chel Diokno is recognized for their manifestations.

1:02 p.m. – Day 39 of the #VPOnTrial begins.