What went down: Defense objects as prosecution drops 3 impeach articles vs VP Sara — ANC

[0:00] A shocker on day 39 of the impeachment trial of Vice President Sara Duterte as the prosecution [0:05] panel announced it is withdrawing three of the four articles of impeachment. Prosecutors argue [0:12] they have a strong enough case on Duterte's alleged unexplained wealth. RG Cruz reports. [0:18] For 39 days, the prosecution made its case against Vice President Sara Duterte on three [0:23] articles of impeachment, grave threats, alleged misuse of confidential funds, [0:27] and unexplained wealth. Now that it's her time to answer and defend herself, the prosecution [0:32] exercised its prerogative to drop grave threats and confidential funds along with the last [0:37] impeachment article, bribery. The prosecutors explained the Vice President can always defend [0:43] herself in other fora like mainstream and social media. The reasons, the length of the trial, [0:49] the expenses and the resources it's taken up, and the busy schedule of those involved. [0:53] The prosecution says it wants to focus on unexplained wealth. [0:57] Neither is it the intention of the prosecution to cause unfairness or injustice on the part [1:06] of the respondent. We wish to express our concern for the public who has expressed their impatience, [1:16] considering that the allegations contained in the articles of impeachment are the same allegations [1:23] contained in the first impeachment back in 2024. We express our concern for the Honorable Impeachment [1:33] Court, considering the equally important legislative functions that they need to face as well. [1:42] The defense and one senator judge did not exactly object to the withdrawal, but they highlighted [1:47] what they described as injustice for the Vice President not being able to defend herself. [1:52] The defense feels its presentation is being curtailed. [1:55] It is unbelievable. And to be honest, it is unacceptable. [2:02] Matapos nilang sirain ang vice-presidente sa harap ng publiko, at ngayon ang sasabihin [2:17] ay tutulungan ng taong bayan para mamadali ang proseso. [2:25] Sa tingin ko, hindi natin kailangan ng higit pang patunay na something really, really wrong [2:31] is going on here. [2:34] There is no limit in the Constitution. We can finish this in January, we can finish this [2:38] in February. It's unfair to the prosecution and to the impeachable officer now to say [2:42] na bahala na si Batman, bahala na kayo sa press con, bahala na kayo sa social media mag-defense. [2:48] Still, the impeachment court allowed the withdrawal within limitations. Bribery is withdrawn without [2:53] prejudice so it can still be refiled at a later impeachment because it was never tackled in court. [2:58] Alleged misuse of confidential funds and grave threats can never be revived again [3:02] for the term of the respondent in this Congress. [3:06] Having elected to withdraw the articles after resting its case, the prosecution must therefore [3:11] accept the legal consequences of that withdrawal. The House of Representatives may not treat the [3:19] impeachment process as a mere opportunity to file, withdraw and subsequently revive substantially [3:25] the same constitutional accusations at will. The prosecution and some senator judges noted [3:30] this could have been avoided had the defense agreed to answer all charges as each is presented [3:34] instead of waiting for the prosecution to rest its case wholesale. The court relaxed the [3:40] subjudicial rules so the respondent can defend herself elsewhere. But the relaxed rule won't [3:45] allow unfettered exposition of sensitive information. [3:48] Withdrawal does not declassify evidence, remove an existing seal or protective order, waive any [3:55] privilege or extinguish duties arising from privacy, statutory secrecy, witness protection, [4:02] legal ethics, confidentiality undertakings, or the sensitive character of any material. [4:07] We just wanted the court to know that the difficulty we're facing with this, well, lifting of Rule 18 [4:14] as regards those articles is, for example, for grave threat, we have a gag order from the RTC, [4:20] your honor, trying that case on speaking on it. So in a way, makakapagsalita po yung [4:27] prosecution, pero kami, hindi kami makakapagsalita. [4:31] But members of the court reminded the defense there is no adjudicatory value for them to still present [4:36] evidence and witnesses for the drop presented articles. Some Senator Judges took up the cudgels [4:41] for the defense. [4:42] Gusto kong marinig yung tugon ni Vice Presidente sa mga aligasyon na inihaharap sa kanya [4:49] ng prosecution sa kasong ito. Salamat po, Mr. President. [4:54] I believe she also deserves to be heard here in this court kahit na inabandon. [5:01] mahalaga na pagkatapos po siyang paratangan, left and right, mabigyan din po siya ng pagkakataong [5:11] ipagtanggol yung kanyang sarili kahit na winidraw itong mga articles of impeachment na ito, [5:19] itong tatlo na ito, Mr. President. [5:20] The court also laid out the timetable for the next month. It will take a 26-day break starting [5:25] Wednesday to meet time for the deliberations on the proposed 2027 national budget. Trial resumes November 9 with the defense [5:31] presenting. November 9, 11 and 23 will have trial in the morning and Senate session in the afternoon. [5:37] November 10, 12, 13, 19 and 20 will have a trial the whole day. There will be no trial from November 16 to 18 due to [5:44] the ASEAN Summit. There will be no hearings on November 24 to 27 to give way to the 2027 budget deliberations, [5:52] while November 30 is a holiday. RG Cruz, ABS-CBN News. [5:56] The legal team of Vice President Sara Duterte further criticizing the prosecution's move. [6:03] In a statement, her lawyer, attorney Paolo Panelo, claims the impeachment trial used up over a billion pesos [6:09] in taxpayers' money on charges that won't be voted on. He also views the withdrawal of the three articles [6:16] of impeachment as proof the allegations were baseless from the beginning. Panelo now criticizing the Senate [6:22] majority for its supposed silence on the development. He called it troubling and said judges in regular [6:28] courts would have at least given the prosecution a reprimand over the dropping of the three complaints. [6:38] The Senate impeachment court defending its ruling allowing the House prosecution panel to withdraw [6:43] three of the four impeachment articles. Court spokesperson attorney Reginald Dongol says [6:49] presiding officer Francis Escudero sought to balance the interests of both parties, rejecting claims [6:55] that the court is favoring the prosecution. [6:59] Naintindihan naman ng korte yung ganyang mga sentimiento. Talagang magkakaroon ng pushback [7:05] whether we like it or not. Sometimes we just have to live with the decision of the court [7:10] whether it's wrong or right. Pero syempre, yung ating presiding officer talagang binalansihin [7:16] tinry nga talagang balansihin yung interest ng parehong panig kasi syempre merong due process din [7:22] naman yung House prosecution panel at yung kanilang desisyon na i-drop na yun while nakita [7:28] ng mga ibang tao na maaaring unfair to the respondent pero pwede rin kasing makita yun in an [7:36] ordinary proceeding na ito ay beneficial actually to the process itself to the court kasi [7:42] mababawasan na yung mga araw. Magkakaroon ng tinatawag ng judicial economy or savings [7:47] sa resources at time ng korte and at the same time yung kabilang panig hindi na rin masasubject [7:53] to unnecessary prosecution on those two articles. While pinayagan yung House prosecution panel [8:03] hindi naman lahat nila nakuha yung kanilang kagustuhan dahil nga ito ay may withdrawal [8:08] with prejudice. Tonga also pushing back against allegations Senator judges have already decided [8:16] to convict Vice President Sara Duterte and that this prompted the prosecution to drop the three [8:22] articles. For the impeachment court it would be unfair for our people na magkaroon na tayo ng [8:31] projection ng bilang dahil ang nakita pa lamang natin ay pagpapresenta ng ebidensya ng House [8:37] prosecution panel. Hindi pa natin nakikita yung pagpapresenta ng respondent. So it's so [8:45] premature now para to project kung may numero na o wala. In fact parang nasa 50% pa lamang [8:51] tayo ng buong trial proceeding para makita natin kung ano talaga yung inclination ng vote [9:00] ng bawat Senator judges.