The decision to withdraw three impeachment articles against Vice President Sara Z. Duterte poses no constitutional breach, as the reduction completely eliminates the risk of an adverse judgment on those dropped allegations.
Counsel for the House prosecution panel Benjamin “Jay” Tolosa Jr. dismissed arguments from the defense alleging that Duterte was deprived of due process after prosecutors dropped charges related to confidential funds, bribery, and grave threats.
Tolosa maintained that constitutional guarantees governing the right to be heard apply exclusively to active charges that remain subject to formal court adjudication.
“Kasi ano ba ‘yung due process? It’s right to be heard, no?” Tolosa explained.
The defense had previously objected to the withdrawal approved by the Senate impeachment court on October 13, claiming prosecutors publicly aired damaging allegations before removing Duterte’s opportunity to present counter-evidence to senator-judges.
Addressing the defense’s position, Tolosa noted that constitutional protections shield defendants from unadjudicated penalties rather than prohibiting strategic reductions of trial scope.
“Ibig sabihin, you cannot have a decision be handed down against you without giving you an opportunity to present your side,” Tolosa pointed out.
With the withdrawal formalized, Article II—which focuses on alleged unexplained wealth—stands as the sole charge to be decided when trial sessions resume on November 9.
“But again, dito sa three articles, wala nang magiging decision against her,” Tolosa maintained.
To resolve concerns regarding public narrative, Tolosa pointed to the presiding officer’s proposal to lift sub judice restrictions over the three dropped articles.
“Second. Matatandaan natin, and this is very telling, ang presiding officer sinabi sa kanila, let’s lift the subjudice rule with respect to the dropped articles,” Tolosa recalled.
While the defense argued that sub judice rules previously constrained its ability to respond to public allegations, prosecutors emphasized that lifting the restriction grants the Vice President full freedom to address the dropped matters in public forums.
“And this is clearly for the benefit of the defense. Para makafacebook siya,” Tolosa explained.