Metro Manila, Philippines – The Senate Impeachment Court accepted the prosecution’s withdrawal of three of the four impeachment articles against Vice President Sara Duterte on Tuesday, Oct. 13, leaving unexplained wealth as the sole charge to be decided by the senator-judges.
The withdrawn articles cover the alleged misuse of confidential funds (Article I), bribery (Article III), and grave threats (Article IV).
The court ruled that Articles I and IV were withdrawn with prejudice, meaning they cannot be revived or pursued again versus Duterte in her current term and the 20th Congress, while Article III was withdrawn without prejudice because the prosecution had not presented evidence.
The court also ruled that the withdrawn articles would not be submitted to senator-judges for a vote on conviction or acquittal, and Duterte would only need to present evidence on Article II, which covers unexplained wealth, violations on the statement of assets, liabilities and net worth, and prohibited business interests.
Presiding Officer Chiz Escudero also lifted the restrictions under Rule 18, or the sub judice rule, on publicly discussing the withdrawn articles, allowing both sides to address the allegations outside the courtroom.
Defense lawyer Sheila Sison strongly objected, warning that lifting the restrictions could lead to unregulated public statements while Duterte would no longer be able to rebut the withdrawn allegations through evidence presented in court.
Defense counsel Michael Poa clarified that the defense was not opposing the withdrawal itself but wanted an opportunity to rebut evidence already presented on confidential funds and grave threats. He also cited a separate gag order in the grave threats case that could restrict the defense’s ability to respond publicly.
The prosecution must formally offer its documentary and object evidence for Article II by Oct. 23, after which the defense will have 10 days from receipt to submit its comments and objections.
Duterte will have 26 calendar days from Oct. 13 to prepare for the presentation of her evidence, which is scheduled to begin on Nov. 9. The impeachment court has set additional trial dates on Nov. 10-13, 19-20, and 23, while a decision on the trial dates in December is pending.
