Lone impeachment article shuts door on ‘dilatory tactics’ — Luistro

MANILA (UPDATED) — The prosecution’s decision to drop three impeachment articles against Vice President Sara Duterte is to prevent “further dilatory tactics,” lead House prosecutor Gerville Luistro of Batangas said Wednesday.

The prosecution on Tuesday dropped the articles accusing Duterte of grave threats against President Ferdinand Marcos Jr., confidential funds misuse, and bribery of Department of Education officials.

It is retaining the article on unexplained wealth and said it is going to “all in” on the charge. 

“Nag-strategize tayo (We strategized) and this is one of the legal strategies of the prosecution,” Luistro told ANC’s Dateline.   

She said the prosecution wanted to prevent supposed delaying tactics “so that the people will see the ending of this impeachment process.” 

She added that the public has shown impatience with the trial, which has run for nearly 40 hearing days.  

Luistro said that the decision was also made for the “interest” of the Senate sitting as an impeachment court.

“While the defense may not acknowledge it, we considered as well that the withdrawal of the three articles operate to the benefit of the respondent herself,” she also said. 

The defense has pushed back on the prosecution’s decision, calling it “unfair” and warning of a possible mistrial, as Duterte cannot respond to the allegations concerning two of the dropped articles that had been presented.

Luistro said the prosecution had been waiting for Duterte’s response since the first impeachment complaint was filed against her in 2025, but “the content of her answers all raised constitutional issues, procedural issues and never addressed squarely the allegations contained therein.”

The lead House prosecutor on Tuesday said the defense may resort to other “platforms” to present its evidence, which the latter described as “ridiculous,” “unbelievable” and “unacceptable.” 

Luistro said the decision was not made overnight, but had always been considered by the prosecution, which she said took guidance from the past cases of impeached chief justice Renato Corona and former president Joseph Estrada, who also faced an impeachment trial.

Five out of eight impeachment articles were withdrawn in Corona’s case before they were presented by the prosecution. 

House prosecutor Joel Chua said the prosecution has read the defense’s legal strategy that aims to delay the trial.

He said that if Duterte’s camp has counter-evidence, it should have already presented them to the Commission on Audit when it flagged transactions made by the Office of the Vice President and the DepEd under Duterte’s stint as secretary.

“Tiningnan din po namin ito sa aspeto kung kami po ang defense at wala kaming paliwanag. Anong gagawin namin? Edi patatagalin na lang namin,” he said.

Chua added that the House Committee on Good Government and Public Accountability he chairs, which investigated Duterte’s alleged misuse of confidential funds, had given her the chance to present documents proving her innocence.

Prosecution counsel Benjamin Tolosa Jr. meanwhile said the defense was offered the chance to present their evidence after the prosecution per article, but refused it.

The defense also did not heed the prosecution’s intent to present Duterte as a witness, he added.

“Deretsuhan na lang ho, dahil klaro, wala naman silang ebidensya. That is just mere posturing, para lang magkaroon sila ng excuse,” Tolosa said.

The trial has gone on a break and is set to resume on November 9, with the defense to present its case.