Escudero: Senator-judges may seek reconsideration of ruling on dropped articles

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Senate impeachment court presiding officer Francis Escudero said Tuesday that senator-judges may still seek reconsideration of the court's ruling allowing the House prosecution panel to withdraw three of the four articles of impeachment against Vice President Sara Duterte.

Escudero made the clarification after Senator-Judge Bam Aquino asked whether the decision to withdraw Articles I, III and IV, which detail allegations of misuse of confidential funds, bribery and grave threats, respectively, was made by the impeachment court or the prosecution.

“Hiniling ng prosekusyon, pinagpasiyahan ng korte (The prosecution manifested this, and the court acted on it),” Escudero said in response.

Escudero clarified that the ruling could still be challenged through an appeal or a motion for reconsideration once the parties have had time to consult their clients or reflect on the matter.

“It is a ruling of the Chair that, like any other ruling, is subject to either appeal or reconsideration at the proper time once they have had enough time to, as you said, either consult their clients or reflect on the matter," he said.

"Of course, fully understanding that the appeal or reconsideration would have to be made by a senator-judge on the matter,” Escudero added.

Aquino then asked whether the defense team could still seek reconsideration of the court's decision after consulting Duterte.

“A senator-judge can [move for reconsideration],” Escudero answered.

The presiding officer, however, said he believed the defense was not objecting to the prosecution's motion to withdraw the three articles.

Defense lead counsel Sheila Sison confirmed this, saying the prosecution's decision should not preempt the respondent's decision on how to address the allegations against her.

“This decision to withdraw those articles is the prosecution’s lookout. And so, whatever consequences of those withdrawals, they should be able to bear alone without the respondent suffering any consequences from that decision,” Sison said.

She said the defense would consult Duterte but stressed that the prosecution’s decision to withdraw the three impeachment articles should not dictate how the Vice President or her legal team would present their evidence.

“However, we really need to record the fact that our objection on whatever idea that may be floating at this moment, that this decision of the prosecution will somehow make decisions for how the respondent or the defense will present our evidence in chief,” she added.— MCG, GMA News

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