House prosecutor Virgil Ligutan on Tuesday defended the prosecution team’s decision to withdraw three of the four impeachment articles against Vice President Sara Duterte, rejecting the defense’s claim that it was deprived of the opportunity to present countervailing evidence and witnesses.
In an interview after the 39th day of the impeachment trial, Ligutan said the defense should have anticipated the possibility of the prosecution dropping some charges, noting that such a move was not unusual in criminal or administrative proceedings.
“Yung naging reaction ng defense parang hindi ko naintindihan. I was not expecting that. If you are into litigation, you should prepare for all contingencies. Tsaka yung spectacle, yung pangyayari, yung event ng isang partido dropping some articles or some charges sa isang criminal or administrative case. Alam mo hindi yan unusual eh. That is a usual occurrence po sa ating mga korte na yung isang panig nagde-decide mid before offering na okay we will not be pursuing this charges,” Ligutan said.
“This is not the first time na nangyari ito. It already happened during the Corona trial 2012. Nangyayari iyan,” Ligutan said, citing the 2012 impeachment trial of former chief justice Renato Corona as a precedent.
The prosecution’s remarks came after the defense questioned the circumstances surrounding the prosecution’s decision to abandon three of the four impeachment articles and raised concerns over its opportunity to respond to the allegations.
The prosecution is now seeking to focus on the remaining impeachment article concerning Vice President Sara Duterte’s alleged unexplained wealth, after dropping the three other articles involving the alleged misuse of confidential funds, bribery, and grave threats.
Ligutan said the defense should have been more “flexible,“ arguing that the prosecution’s move to focus on one impeachment article was within its prerogative and would help save the government’s time and resources.
The prosecution’s decision came after discussions among its members following the presentation of a witness on Oct. 13, Ligutan said.
“Why don't we focus on this? Why don't we focus on one article? It is—we are doing service to the people by focusing on one issue,” he said.
He added that the decision was “unanimous“ despite robust discussions within the team.
Ligutan also disputed the defense’s assertion that it was not given a fair opportunity to challenge the prosecution’s evidence.
He said the defense had cross-examined prosecution witnesses over several hours and days and had been able to examine the evidence presented, including videos, photographs, statements and news articles.
“They were given the opportunity to cross-examine naipresenta na nga 'yung mga videos, photos, statements nila mga news articles. They were doing that all along,” Ligutan said. “So hindi po natin masasabi na they were deprived to present their own countervailing facts to what we are presenting to the court.”
He maintained that the withdrawal of three impeachment articles did not deprive the defense of its rights, emphasizing that the prosecution was entitled to decide which allegations to pursue.
Ligutan said the team reached its decision only after the previous day’s witness presentation, rejecting suggestions that the move reflected a lack of public support for the impeachment proceedings.
VP Duterte’s high trust ratings
The private prosecutor stressed that impeachment is not purely a political exercise but also a legal process in which an official’s popularity should not determine accountability.
“Popularity of a public official, hindi po 'yan immunity to accountability. No matter how popular you are, you are still one of the public officials and kung nagkasala ka, you must be held accountable. Hindi po immune from accountability yung pagiging popular ng isang public official,” he said.
Asked whether the prosecution’s move could strengthen the narrative that Duterte was being “persecuted,“ Ligutan rejected the claim.
“Saan yung persecution doon? Apat yung articles? Wini-withdraw na nga yung tatlo. Saan yung persecution? I don't see anything,” he said.
“The defense is entitled to their own imagination,” he added.
