House prosecutor and Manila Rep. Joel Chua has rejected claims of a potential mistrial following the withdrawal of three impeachment charges against Vice President Sara Z. Duterte, as trial spokesperson and Lanao del Sur Rep. Zia Alonto Adiong highlighted the potential for criminal prosecution outside the impeachment trial over confidential fund expenditures.
Chua dismissed warnings from Duterte’s legal team regarding the validity of the proceedings, stating that no grounds for a mistrial exist because the Vice President had been given ample time to respond to the allegations since 2024.
“Mistrial? Misleading po ’yan,” Chua said during a media forum.
“Ang sinasabi po nilang mistrial, eh wala po akong nakikitang mistrial, dahil unang-una po matagal na po silang pinapasagot,” Chua added.
“As early as 2024, pinasasagot na po sila. Pero hanggang ngayon, hindi pa rin po sila sumasagot,” Chua also said.
The prosecution withdrew Article I regarding alleged misuse of confidential funds, Article III on bribery, and Article IV on grave threats, choosing to proceed solely with Article II on alleged unexplained wealth.
Chua pointed out that Duterte had opportunities to resolve concerns over confidential spending during the Commission on Audit’s (COA) review process.
“Kung totoo naman na may ebidensya sila, eh sana unang-una ipinresenta na nila ito sa COA nang sa ganoon hindi sila nabigyan ng notice of disallowance. Pero bakit po naging final ang decision ng COA?” Chua said.
The COA recently affirmed with finality the disallowance of P73.287 million in confidential expenses incurred by the Office of the Vice President in December 2022.
Commenting on the COA ruling, Alonto Adiong indicated that the audit findings provide strong evidence that could support independent criminal proceedings against the Vice President outside the Senate impeachment court.
“Malaki ‘yung possibility na based on the evidence, mukhang makakasecure pa tayo ng conviction on Article 1 sa confidential funds because of the recent decision of the COA,” Alonto Adiong said.
Alonto Adiong noted that the audit body’s order reinforcing the return of the funds highlights a strong prima facie case regarding the handling of public money.
“Pinapasauli nila [COA] [yung pera]. That will only prove that there was really prima facie evidence of misuse of public funds to benefit one’s interest or oneself,” Alonto Adiong added.
During the impeachment proceedings, prosecutors presented documents and witnesses covering acknowledgment receipts, fund transfers to security personnel, and regulatory compliance regarding confidential expenditures.
Alonto Adiong acknowledged that dropping Article I removes a potential pathway for conviction within the Senate trial but explained that securing a single conviction under Article II is sufficient to achieve the constitutional penalties sought against Duterte.
“Ayaw natin mapahaba pa ‘yung trial. Enough na talaga na isa lang yung conviction natin sa isang article,” Alonto Adiong said.
“One conviction is enough, and we also do not want to drag this forever, itong trial na ito,” Alonto Adiong also said.
The Senate impeachment court accepted the prosecution’s withdrawal of the three articles, allowing audit reviews and other legal processes regarding the confidential funds to proceed independently.
The impeachment trial is scheduled to resume on Nov. 9, with the defense presenting its evidence on Article II as the sole remaining charge.