Prosecution: No denial of due process over withdrawal of three charges vs. Sara Duterte

The House prosecution panel on Tuesday said Vice President Sara Duterte was not being denied due process amid its withdrawal of three of the four Articles of Impeachment against her, saying her defense lawyers were given ample time to question witnesses.

House lead prosecutor Gerville Luistro of Batangas and private prosecutors Lorna Kapunan and Amando Ligutan made the position amid the defense's staunch opposition to the prosecution's bid to drop the three articles, a pleading granted by the Senate impeachment court.

The prosecution decided to drop Article I on confidential fund misuse, Article III on bribery, and Article IV on assassination plot, grave threats, and inciting to sedition against the President Ferdinand Marcos, Jr. and his family.

This was after a week of testimonies from the Anti-Money Laundering Council, bank and insurance firm officials, the Bureau of Internal Revenue, as well as financial forensic analyst Alexander Cabrera, who were called upon by the prosecution to shed light on the alleged unexplained wealth of the vice president and her husband, lawyer Manases "Mans" Carpio.

Article II remains pending before the Senate impeachment court, relating to the couple's alleged unexplained wealth, including their undeclared assets and non-divestment of business interest amid a constitutional prohibition.

"I do not really understand why they are raising the issue on fairness and injustice when in fact the effect of withdrawal is even the evidence presented by the prosecution on withdrawn articles will no longer be considered by the impeachment court. The defense is under no obligation to present their evidence [on these withdrawn charges]. What is the reason for you to present evidence to answer the allegation when in fact it doesn't exist anymore because the same have been withdrawn already by the prosecution," Luistro said in a press conference.

"And let us remember that during the direct examination by the prosecution, they were given super ample time to conduct their cross [examination]. As a matter of fact, ang dami niyang ipinilabas na mga documents through the big screen na nakita rin ng sambayanang Pilipino. If their purpose is for their evidence to be seen by the public, they have a lot of platforms to do that as has been done regularly by the respondent herself," Luistro added.

Kapunan agreed, saying the vice president should stop playing the victim.

"They always play the victim card. Pagod na po tayo sa sinasabi nilang we are the victims. Wait a minute. Hindi siya ang victim, ang taong bayan ang victim dito (We are so tired of them saying they are the victims. Wait a minute. She is not the victim. It is the public who is the victim here). You're talking about public funds, you're talking about a public officer and the impeachment, an accountability mechanism," Kapunan said.

"They keep on saying she is being persecuted. That is not correct. Who is being unfair here? Who is being unjust? The vice president herself. She refuses to come and defend herself in the impeachment court. And yet she does press conferences saying this trial is a farce. And because she is in a press conference, it was not under oath, she cannot be cross examined and asked clarificatory questions. If that is their style, then they come to court with unclean hands," Kapunan added.

Ligutan also said the defense crying injustice is totally misplaced.

"The term that they used is they were not given opportunity to test the evidence of the prosecution. I beg to disagree. That is totally wrong. They were given the opportunity to cross-examine [witnesses] and present videos, photos, statements, news articles," Ligutan said.

"They cannot say they were deprived of presenting countervailing facts. They cross-examined all our witnesses for hours, for days. The defense cannot say they were not given a fair shake," Ligutan added.

Ultimately, Ligutan said any seasoned trial lawyer knows that withdrawal of charges is a fair game in criminal procedure and thus, the defense team should have been prepared for such.

"If you are into litigation, you should prepare for all contingencies. The dropping of some articles [or cases]… that is a usual occurrence in our courts. The defense should have been more flexible," Ligutan said.

"Saan ka makakakita ng defense team na ayaw 'yung pangyayari na 'yung prosecution is withdrawing charges and banking on one solid Article of Impeachment?" Ligutan said.

(Where do you see a defense team opposing the withdrawing of charges against their client and one solid Article of Impeachment?)

Lead defense counsel Sheila Sison on Tuesday said that after 38 days of trial, the prosecution already spent considerable time and government resources presenting evidence and witnesses.

As such, Sison argued, the public has already been exposed to allegations relating to the three dropped articles while the vice president has yet to refute these.

She maintained, however, that the prosecution's move would not affect the defense panel's presentation of its own evidence. — VDV, GMA News