By Wilnard Bacelonia
MANILA – Senator Erwin Tulfo said Thursday the withdrawal of three impeachment charges against Vice President Sara Duterte could work in her favor, disputing claims that the House prosecution’s decision placed the defense at a disadvantage.
In an ambush interview, Tulfo, who sits as a senator-judge, said Duterte’s lawyers now have only one impeachment article to contest instead of the original four, potentially simplifying their defense and leaving open the possibility of acquittal.
“Advantage sa defense yun (That’s an advantage for the defense) because there’s only one article to defend. It’s easier to defend rather than three or four,” Tulfo said.
He questioned complaints that the withdrawal was unfair to Duterte, pointing out that the defense would no longer have to answer the allegations contained in the three abandoned articles.
“Malay mo baka biglang nabago, ma-acquit yung tao (Who knows, things might change, and she could be acquitted),” he said.
The House prosecution on Tuesday withdrew Articles I, III, and IV of the impeachment complaint, leaving Article II, involving allegations of unexplained wealth and undisclosed business interests, as the remaining charge.
The Senate impeachment court subsequently accepted the withdrawal, prompting objections from Duterte’s lawyers, who argued that the decision deprived them of the opportunity to rebut allegations already presented during the trial.
No grounds for protest
Tulfo also rejected suggestions that senator-judges should have protested the prosecution’s decision, saying he had not identified any constitutional violation that would warrant their intervention.
“Bakit ka naman papalag, sir? May viniolate ba ‘yung ika nga prosecution sa Constitution (Why would you object? Did the prosecution violate the Constitution?)” he asked.
“According to my lawyer friends, walang viniolate ang prosecution (The prosecution did not violate anything).”
Tulfo was responding to criticism from Duterte’s spokesperson Salvador Paolo Panelo Jr., who questioned why senators did not object after the prosecution abandoned charges that had already consumed substantial hearing time and public resources.
The senator maintained that deciding which charges to pursue was part of the prosecution’s strategy, just as the defense would be entitled to adopt its own approach when it begins presenting evidence.
“Eh, strategy ng prosecution nun, di ba? Eh, gawa din sila ng strategy when it’s their turn, di ba? Anong mali doon (That was the prosecution’s strategy. The defense can also develop its own strategy when its turn comes. What’s wrong with that?)” he said.
Although admitting that the withdrawal surprised him, Tulfo said senator-judges could not compel the prosecutors to continue pursuing charges they no longer intended to prosecute.
“Kung yun ang diskarte ng prosecution, then ano pa bang pipilitin ho natin? Kami ay mga senator-judges lang (If that is the prosecution’s strategy, what else can we force them to do? We are only senator-judges),” he said.
The impeachment proceedings are scheduled to resume on Nov. 9, when Duterte’s defense is expected to begin presenting its evidence on the remaining article. (PNA)
