Lead defense counsel Sheila Sison on Tuesday said the prosecution cannot dictate how Vice President Sara Duterte’s defense presents its evidence after prosecutors moved to drop three of the four articles of impeachment against her.

During the 39th day Duterte's trial, Sison said the defense must retain the opportunity to answer allegations already presented before the Senate impeachment court, even if the prosecution no longer intends to pursue them.

“The prosecution cannot make decisions for the respondent and the defense,” Sison said, arguing that allowing prosecutors to withdraw allegations after presenting evidence could undermine Duterte’s right to due process.

She said the prosecution should not be allowed to benefit from accusations already heard by the court and the public while potentially preventing the defense from rebutting them.

Sison also warned that shortening the proceedings by limiting the defense’s presentation of evidence could result in a mistrial, saying the desire to reach a verdict quickly should not come at the expense of fairness.

The prosecution panel, led by House lead prosecutor Rep. Gerville Luistro, earlier filed a manifestation seeking to pursue only Article II, which concerns alleged unexplained wealth.

Luistro said the prosecution would no longer pursue Article I on confidential funds, Article III on bribery, and Article IV on an alleged assassination plot and grave threats.

She cited the prosecution’s aim to expedite the impeachment proceedings and its belief that the evidence and witnesses already presented were sufficient.

Senate President Francis Escudero, the impeachment court’s presiding officer, said the manifestation would be treated as a motion that the senator-judges must first resolve.

The defense’s objection comes as the Senate impeachment court considers whether to allow the prosecution to narrow the charges against the vice president after presenting its evidence.