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In a surprising turn of events, the House prosecution panel during the impeachment trial of Vice President Sara Duterte on Tuesday, Oct. 13, announced that they had decided to withdraw three of the four Articles of Impeachment, leaving Article II, which pertains to Duterte's alleged unexplained wealth, as the sole charge against the Vice President.

Lead prosecutor Rep. Gerville "Jinky Bitrics" Luistro led the announcement before the Senate impeachment court of the withdrawal of Article I on confidential funds, Article III on bribery, and Article IV on grave threats.

Meanwhile, lead defense counsel Sheila Sison called the manifestation unfair, saying that the defense panel should not be denied a chance to respond to the allegations already presented to the public.

Presiding Officer Francis "Chiz" Escudero later made the ruling that Articles I, III, IV shall no longer be submitted to the court for a vote of conviction or acquittal.

Additionally, Escudero said that the sub judice will no longer apply to the articles withdrawn. (Video courtesy of Senate of the Philippines)

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Transcript
00:00Four articles of impeachment were filed against the respondent vice president.
00:07Today, the prosecution respectfully manifests that it will no longer pursue three of them.
00:22It will stand on one.
00:26And that is Article 2 on Unexplained Wealth.
00:31We respect the decision of the prosecution.
00:35However, whether this will affect how the defense planned to proceed with its presentation of evidence is something that we
00:47must make clear.
00:48It will not.
00:50In other words, the prosecution cannot be allowed.
00:54To have the benefit of its accusations without bearing the burden of having those accusations tested.
01:03The accusations have already entered the consciousness of those who must ultimately render judgment.
01:12In other words, the prosecution would thus retain the benefit of having its evidence heard while the respondent would be
01:21at risk of being denied the benefit of having that evidence contradicted.
01:29And we feel and we believe that this is not fairness and it is not in keeping with the guarantees
01:38of due process.
01:39I want it finished.
01:41I want it finished.
01:41But between finishing it at tapos may unfairness and finishing it na unahin to kaso sa budget, Mr. Presiding Officer
01:51and Mr. Senate President, you know, I'd like to put on record.
01:54I'm very uncomfortable with that.
01:57I think it will be a disservice to the Filipino people.
01:59Articles 1, 3, and 4 shall not be submitted for a vote or verdict by this court anymore.
02:06As there is no longer any charge under Articles 1, 3, and 4 for adjudication in this trial, those articles
02:14shall not be submitted to the members of the court for a vote or for a verdict of conviction or
02:20acquittal.
02:20With prejudice, I had to clarify with my colleagues who are lawyers what that means.
02:25That means that once these are withdrawn, di na to pwedeng ibalik ulit, no?
02:31Wouldn't you want to discuss that first among your team and with Attorney Sheila?
02:37Ang dating po kasi sa amin, you don't want these articles to be dropped.
02:41Would you want to discuss that with your client first to be sure?
02:45Kung nice bang may da-drop, nice ba itong ma-drop na para isang artikel na lang ang pag-uusapan?
02:52O nice ba natin itakal ito na gaya na pag-usapan dati na apat na article dapat ito, no?
02:59Magugulat ang defense dito sa issue na ito kasi ako nagulat.
03:03Baka iba sa inyo hindi gulat, no?
03:04Pero ako po gulat.
03:06Hindi ko alam na mangyayari ito.
03:08It appears that the defense is also surprised.
03:11So I had said that we should give the defense time to decide how they want to react.
03:18Just because magbilis na nagdesisyon ng prosecution,
03:21whether this has been something they've been thinking about for a day, a week, overnight,
03:27well, the defense is the one being accused.
03:30The defense is the one who has to defend themselves,
03:34and we have enough constitutional provisions, legal provisions,
03:38to protect the right of the defense.
03:40And one of them is to give them enough time to decide what is the proper course of action.

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