Sara Duterte impeachment trial: Prosecution drops 3 articles, retains unexplained wealth charge

MANILA (UPDATE) — The prosecution panel informed the Senate impeachment court on Tuesday that it was dropping three of the four charges against Vice President Sara Duterte, retaining only the allegation of unexplained wealth, which it said was supported by “sufficient evidence” to “stand on its own.”

Batangas Second District Rep. Gerville Luistro, who leads the prosecution panel, announced the decision at the start of Tuesday’s proceedings, the final session before the Senate impeachment court takes a break to allow senators to focus on deliberations on the proposed 2027 national budget.

“Today, the prosecution respectfully manifests that it will no longer pursue three of them. It will stand on one and that is Article II on unexplained wealth,” she said, referring to the four original Articles of Impeachment.

The three other Articles of Impeachment allege that Duterte made grave threats against President Ferdinand Marcos Jr. and his family, misused or misappropriated confidential funds of the Office of the Vice President (OVP) and the Department of Education (DepEd), and bribed DepEd officials.

Since the trial began in July, the Senate impeachment court had heard witnesses and examined allegations involving grave threats and the misuse of confidential funds, but had yet to take up the bribery charge.

Luistro said the prosecution believed “it has presented sufficient evidence for Article II to stand on its own.”

“All in po tayo. 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,” she said.

Focusing on one article is also beneficial for the Senate, Duterte and the public, Luistro said.

Lead defense counsel Sheila Sison said the defense respected the prosecution’s decision but argued that it would be unfair to deny them the opportunity to present their side, given that the prosecution had already presented its case on the other allegations.

“The prosecution would thus retain the benefit of having its evidence heard while the respondent would be at risk of being denied the benefit of having that evidence contradicted, and 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,” Sison said.

Presiding officer Sen. Francis Escudero said the prosecution’s decision to withdraw the charges would be treated as a motion subject to the Senate court’s approval.

“It is not solely the prosecution’s call to withdraw an article of impeachment, but neither is it the respondent’s call to deny the same,” Escudero said before declaring recess to consult with other senator-judges.

“Once articles of impeachment are filed before the court, or any complaint filed before any court for that matter, it is already subject to and under the jurisdiction and disposition of the court, not by the parties, so we take this manifestation as a motion that will be acted upon by the court,” he added.

Following Tuesday’s session, the Senate impeachment court is set to resume the trial in November, when the defense is expected to present its own evidence and witnesses. — With a report from Marilyn Cahatol, ABS-CBN News