Senator Chiz Escudero: Impeachment articles 1, 3 and 4 'deemed withdrawn'

The Senate impeachment court on Tuesday narrowed the case against Vice President Sara Duterte to allegations of unexplained wealth after allowing the House prosecution panel to withdraw three of the four impeachment articles against her.

Presiding Officer Francis “Chiz” Escudero approved the move after the prosecution formally rested its case on the 39th day of the impeachment trial.

“Given the foregoing, the court accepts and confirms the prosecution’s manifestation. Articles 1, 3 and 4, from this point forward, are deemed withdrawn,” Escudero ruled.

The decision came after House lead prosecutor Batangas 2nd District Rep. Gerville “Jinky Bitrics” Luistro announced that the prosecution would concentrate on Article II, which covers allegations of unexplained wealth, inaccurate declarations of assets and prohibited business interests.

“The prosecution believes it has presented sufficient evidence for Article II to stand on its own. All in po tayo dito,” Luistro told the court.

“We believe that evidence is substantial and compelling, and warrants the respondent’s removal from office for culpable violation of the Constitution and betrayal of public trust,” she added.

To support its remaining charge, the prosecution presented financial documents concerning Duterte and her husband, lawyer Manases “Mans” Carpio. These included bank records, insurance investments, tax declarations, properties and business interests.

Its final witness, forensic accounting expert Alexander Cabrera, estimated that the couple had P817.87 million in alleged unexplained wealth between 2022 and 2025, based on his examination of available financial records.

Luistro rejected the defense’s argument that abandoning three articles would weaken the prosecution’s case, saying the decision was made in what the panel considered the best interest of the proceedings.

“It has been repeatedly said that the prosecution has four equally strong articles of impeachment, and it is only because of the consideration of what we believe is the best interest for all that we are retaining only one article,” she said.

The withdrawn charges involved the alleged misuse of confidential funds under Article I; bribery and corruption within the Department of Education during Duterte’s tenure as secretary under Article III; and alleged assassination plots, grave threats and inciting to sedition under Article IV.

Escudero ruled that Articles I and IV were withdrawn with prejudice, barring their revival or refiling against Duterte during her current term and the 20th Congress based on the same allegations.

Article III, meanwhile, was withdrawn without prejudice because the prosecution had not presented evidence on the charge. However, it cannot be revived in the ongoing impeachment trial.

The presiding officer clarified that the withdrawals would not shield Duterte from separate legal proceedings arising from the allegations.

“It does not grant immunity, nor does it constitute double jeopardy against the prosecution for any underlying conduct,” he said.

The three withdrawn articles will no longer be submitted to the senator-judges for deliberation or a verdict. The eventual judgment will be based solely on Article II.

Under the court’s schedule, the prosecution must submit its documentary and object evidence supporting Article II by Oct. 23. Duterte’s defense will have 10 days from receipt to file its comments and objections.

“The respondent’s presentation of evidence in chief shall therefore address Article II,” Escudero said.

The court granted Duterte 26 calendar days to prepare her defense, with proceedings set to resume on Nov. 9.

Hearings are scheduled for Nov. 9 to 13, 19, 20 and 23. Full-day sessions will run from 10 a.m. to around 6 p.m. or 6:30 p.m. on Nov. 10, 12, 13, 19 and 20.

The Nov. 9 and 11 sessions will accommodate Senate legislative sessions, while proceedings on Nov. 23 will run from 10 a.m. to 2 p.m. The court will determine the December trial schedule in early November.

Escudero also lifted the sub judice restrictions covering the three withdrawn articles, allowing the prosecution and defense to discuss the allegations publicly, provided they do not disclose protected evidence.

The restrictions remain in place for Article II, which will serve as the sole basis for the impeachment court’s eventual verdict.

-Paraluman News