VP trial: Prosecution may still be required to pursue bribery charge

MANILA – The House prosecution cannot unilaterally abandon the bribery article in Vice President Sara Duterte’s impeachment case, as the Senate impeachment court may still require prosecutors to present evidence if senator-judges find the charge worth pursuing, court spokesperson Regie Tongol said Monday evening.

Tongol made the clarification in a press briefing amid reports that the prosecution is considering dropping Article III, saying no formal motion has yet been filed before the impeachment court.

“Within the realm of possibility pa lang rin po yun (It remains within the realm of possibility),” Tongol said.

Should prosecutors decide to abandon the article, Tongol said they would first have to formally ask the court for permission, similar to the procedure followed during the impeachment trial of former chief justice Renato Corona.

“Magmo-motion po yung House prosecution panel to drop the said article na gusto po nilang i-drop (The House Prosecution Panel would have to move to drop the article they want to abandon),” he said.

The senator-judges may then examine the prosecution’s reasons before deciding whether to grant the request.

“Kasi nasa discretion pa rin po ng korte yun (Because that remains within the discretion of the court),” Tongol said.

He said the impeachment court could reject the motion and direct prosecutors to continue presenting the article if senator-judges believe hearing the charge remains necessary.

The court could also grant the prosecution’s request, which Tongol said could shorten the remaining presentation of evidence.

If Article III is dropped and prosecutors complete their evidence on the current article, the prosecution could potentially rest its case within the week, clearing the way for Duterte’s defense team to begin presenting its own evidence.

Tongol stressed, however, that such a scenario remains contingent on a formal prosecution motion and the impeachment court’s approval.

House prosecutors have so far only publicly indicated that dropping the bribery article is under consideration.

The impeachment trial is currently in the prosecution phase, with proceedings focusing on financial and documentary evidence before the defense is given its turn to present its case. (PNA)