Dropping 3 Charges Against Philippine VP Duterte Raises Accountability Concerns

(MENAFN- Khaleej Times) Even groups wanting Philippine Vice President Sara Duterte to be held accountable and removed from office are disappointed with the prosecution's decision to drop three of the four impeachment charges against her.

In a surprising move, the government prosecution team on Tuesday dropped charges of illegal use of public funds, grave threats against President Ferdinand Marcos Jr and his family, and bribery of employees allegedly committed by the vice president.

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Only the charge of unexplained wealth remained against Duterte, alleging that she and her husband amassed P817.87 million (Dh48.68 million) in undeclared assets.

Stay up to date with the latest news. Follow KT on WhatsApp Channels. Why were they disappointed?

Former Kabataan Partylist representative Raoul Manuel said Filipinos were deprived of the chance to know how the senators would vote on the said allegations, particularly regarding Duterte's alleged misuse of public funds.

Manuel, one of three Makabayan Coalition legislators who first exposed Duterte's questionable use of“confidential and intelligence funds” in the 19th Philippine Congress, added: "It has become increasingly clear that the Marcos government has been exploiting the public's legitimate call for accountability and responsible spending of public funds, using them as ammunition against his political rival, Duterte."

Bagong Alyansang Makabayan (Bayan), a complainant in one of the several impeachment complaints against Duterte, expressed regret that the impeachment court could no longer convict Duterte for corruption, as extensively discussed in the ongoing impeachment trial.

“By dropping these charges, the House prosecutors are, in effect, refusing to try some of the most serious allegations against Duterte,” Bayan secretary general Raymond Palatino said.“They (the prosecution) are denying the impeachment court and the Filipino people the full opportunity to determine whether she is guilty of these alleged offences,” Palatino added.

Bayan president Renato Reyes Jr. said the complaint over the misuse of public funds was the one in which corruption had been clearly established by the prosecution, making its withdrawal dubious.“[It is] a great disservice to the Filipino people, and a huge missed opportunity, that the Senate impeachment court will not rule on the Vice President's misuse of confidential funds,” Reyes said.

Was it a legal blunder?

Human rights lawyer Ephraim Cortez said the prosecution had done Duterte a favour when it withdrew three of the four charges because“it is tantamount to affirming her innocence on said charges.”

The National Union of Peoples' Lawyers president criticised the timing of the withdrawal, pointing out that the prosecution had yet to make a formal offer of its pieces of evidence.

“Had the Prosecution completed its presentation of evidence by formally offering its documentary exhibits, the burden of evidence should have shifted to Duterte, given the overwhelming evidence against her, and she should have been compelled to present evidence in support of her defence,” Cortez explained.

“As such, the prosecution could not overcome the presumption of innocence or meet its burden of proof. The burden of evidence never shifted to the respondent (Duterte),” he added.

Lead prosecutor and Batangas representative Gerville Luistro justified the dropping of three impeachment articles by claiming that the prosecution had already presented strong and sufficient evidence of Duterte's alleged unexplained wealth and non-declaration of assets.

Luistro said Duterte must be removed from office and prohibited from participating in any election in the future because she illegally benefited from government contracts, constituting culpable violations of the Philippine Constitution and betrayal of public trust.

What did the defence counsel say?

Lead defence counsel Sheila Sison described the prosecution's surprise move as“very strange”, adding that it was unfair to Duterte to have been impeached under three charges only to be denied the chance to dispute the allegations in open court.

“It is too late for the prosecution to claim it just wants to save time when it has already spent 38 days [in open court],” Sison added.

Senator-judge Alan Peter Cayetano expressed his support for the defence's opposition, saying the respondent vice president should be given a chance to counter the allegations that had been made public.

In his ruling, presiding senator-Judge Francis Escudero allowed the dropping of the three complaints, acknowledging that it was the prosecution's prerogative to do so.

He ordered the defence counsel to prepare their arguments against charges concerning Duterte's illegal wealth when the trial resumes on November 9.

With a potentially shortened impeachment trial, Senate President Sherwin Gatchalian said the proceedings may be concluded as early as the end of November.

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