The Senate impeachment court on Tuesday accepted the House of Representatives prosecution’s withdrawal of three impeachment articles against Vice President Sara Duterte, leaving the unexplained wealth allegation as the sole charge for adjudication and restricting the revival of two withdrawn articles.
Presiding officer Francis “Chiz” Escudero ruled that Articles I and IV, involving the alleged misuse of confidential funds and grave threats against government officials, respectively, were withdrawn with prejudice, while Article III on bribery and corruption was withdrawn without prejudice.
“The court accepts and confirms the prosecution’s manifestation,” Escudero said after the prosecution formally rested its case.
He explained that once impeachment articles are transmitted to the Senate, their disposition requires action by the impeachment court under its constitutional authority to try and decide impeachment cases.
The ruling prevents Articles I and IV from being revived, refiled, or prosecuted anew against Duterte during her current term and within the 20th Congress based on substantially the same allegations.
“Congress must never be light-handed or nonchalant in initiating and prosecuting articles of impeachment,” Escudero said, emphasizing the resources involved and the implications of impeachment proceedings for public confidence in constitutional institutions.
Article III was treated differently because the prosecution withdrew the bribery allegation before presenting evidence. Its withdrawal without prejudice does not carry the same broader finality, although it cannot be revived during the ongoing trial.
Escudero clarified that the restrictions on refiling the withdrawn articles do not grant Duterte immunity from separate criminal, civil, administrative, or other proceedings arising from the underlying allegations.
No Verdict On Withdrawn Articles
The court ruled that senator-judges would no longer vote to convict or acquit Duterte on Articles I, III, and IV, following the precedent established during the 2012 impeachment trial of former chief justice Renato Corona, when five withdrawn articles were excluded from further evidence presentation and the final vote.
Duterte’s defense will instead concentrate on Article II, involving allegations of unexplained wealth, inaccurate Statements of Assets, Liabilities and Net Worth, and continued business interests while holding public office.
The court also lifted sub judice restrictions on public discussion of the withdrawn articles, allowing Duterte, prosecutors, and their lawyers to address those allegations publicly.
However, restrictions remain in force concerning Article II, while confidential and legally protected evidence must continue to be safeguarded.
Defense begins Nov. 9
Escudero gave Duterte’s legal team 26 calendar days to prepare its evidence presentation, scheduled to begin Nov. 9.
The prosecution has until Oct. 23 to submit its written formal offer of documentary and object evidence supporting Article II, while the defense will have 10 days from receipt to file comments and objections.
The court also directed its clerk to establish safeguards for confidential documents, including access classifications, redacted public copies and recipient-specific watermarks, while preserving the official records of the withdrawn articles. (PNA)