Defense seeks to present evidence despite 3 dropped articles

Defense lead counsel Sheila Sison on Tuesday said the prosecution’s decision to drop three of the four Articles of Impeachment against Vice President Sara Duterte would not affect the defense panel’s presentation of its own evidence.

Sison made the statement on Day 39 of the impeachment trial after House lead prosecutor and Batangas Rep. Gerville Luistro manifested that the prosecution would no longer pursue Articles I, III and IV, which detail allegations of grave threats, misuse of confidential funds and bribery.

With the decision, the prosecution will pursue only Article II, which concerns allegations that Duterte failed to fully declare her assets and divest from business interests, raising questions about her unexplained wealth.

“We respect the decision of the prosecution. However, whether this will affect how the defense plans to proceed with its presentation of evidence is something that we must make clear: It will not,” Sison said.

“Because the prosecution cannot make decisions for the respondent and the defense. In other words, the prosecution cannot be allowed to have the benefit of its accusations without bearing the burden of having those accusations tested,” she added.

Sison argued that after 38 days of trial, the prosecution had already spent considerable time and government resources presenting its witnesses and evidence.

She said the public had also been exposed to the allegations through the direct examinations of prosecution witnesses, interjections, and the conclusions and opinions some witnesses expressed before the impeachment court.

“And therefore, the accusations have already entered the consciousness of those who must ultimately render judgment," the defense lawyer said.

"In other words, the prosecution would thus retain the benefit of having its evidence heard, while the respondent would be at risk of being denied the benefit of having that evidence contradicted,” she added.

According to Sison, allowing the prosecution to withdraw three impeachment articles after presenting its evidence could undermine Duterte’s right to due process and a meaningful opportunity to rebut the allegations against her.

“And we feel and we believe that this is not fairness, and it is not in keeping with the guarantees of due process, because the right to be heard is not merely satisfied by allowing the respondent some room to present evidence on her behalf," she said.

"It necessarily includes a meaningful opportunity to answer material accusations already publicly advanced against her,” the defense counsel added.

Sison stressed that the prosecution’s decision to drop three impeachment articles “cannot unilaterally determine” how the defense would proceed with its presentation of evidence.

“It cannot make decisions for us and for the respondent because to allow this would be to confer upon the prosecution the extraordinary and impermissible power to control not only the presentation of its own case, but also the scope and substance of the defense case,” she said.

Sison maintained that the prosecution’s decision to drop three impeachment articles should not deprive Duterte of the opportunity to rebut the allegations already presented before the impeachment court.

“That prerogative to withdraw an accusation is not the power to suppress its rebuttal on the part of the respondent. The authority to streamline, or to achieve speed in a trial, is not the authority to diminish due process, or to altogether disregard fundamental rules of fairness," she said.

"And the desire to reach a verdict expeditiously can never justify reaching it unfairly,” Sison added.

Senate impeachment court presiding officer Francis Escudero then asked whether the defense was objecting to the prosecution’s manifestation.

Sison clarified that she was merely making a manifestation on behalf of the defense and Duterte, saying they “will proceed as we deem fit.”

“Even if it's not an objection, it's still subject to the court's decision and discretion as to how to act on the motion of the prosecution,” Escudero said.—MCG, GMA News

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