The defense team of Vice President Sara Duterte on Tuesday invoked the impeachment trial of former Chief Justice Renato Corona as a precedent for withdrawing charges, while questioning how it could rebut evidence already presented on allegations dropped from the case against Duterte.
Defense counsel and spokesperson Michael Poa acknowledged that the prosecution had the prerogative to withdraw impeachment articles, but said the defense needed the Senate impeachment court to clarify whether it could still present rebuttal witnesses on the withdrawn allegations.
“Nangyayari nga yan sa Corona. In fact in Corona they withdrew 5 articles out of the 8,” Poa told reporters, referring to the 2012 impeachment trial of Corona.
“But ang issue anong pagkakaiba ng Corona dito?” he said, raising the question of how the withdrawal would affect the defense’s opportunity to answer evidence presented in Duterte’s trial.
During Corona’s impeachment trial in 2012, the House prosecution panel withdrew Articles I, IV, V, VI and VIII after presenting evidence on only three of the eight articles. The prosecution said it had presented enough evidence to secure his conviction on the remaining charges.
Corona’s defense, however, sought acquittal on the five dropped articles rather than mere withdrawal, arguing that the allegations should not be revived in a future impeachment case. The Senate proceeded with the remaining three articles and convicted Corona by a 20-3 vote on May 29, 2012.
In Duterte’s case, Poa said the defense was not objecting to the prosecution’s decision to withdraw the articles, provided the impeachment court approved it.
“We were not objecting to that kasi it is really the position of the defense na prerogatiba yan ng bawat panig kung paano nila represent yung mga ebidensyon nila,” he said.
Poa said the defense had not been given the opportunity to present its own witnesses to counter that testimony, leaving uncertainty over whether it could still introduce rebuttal evidence despite the withdrawal.
The Senate impeachment court on Tuesday accepted the withdrawal of Article I on the alleged misuse of confidential funds, Article III on bribery, and Article IV on grave threats and related allegations. The prosecution will pursue Article II, which concerns Duterte’s alleged unexplained wealth.
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