Malacañang on Thursday said the withdrawal of three articles of impeachment against Vice President Sara Duterte should not be considered a “mistrial”, noting that the defense has been given opportunities to cross-examine prosecution witnesses.

In a press briefing, Palace Press Officer Claire Castro said the defense had participated in the impeachment court proceedings, including cross-examinations, before the prosecution moved to withdraw the three articles.

Castro, a lawyer, said a mistrial would generally arise when a party is denied the opportunity to present its case or challenge evidence.

“Kung hindi nagkaroon ng (If there was no) cross-examination, the other party was not given a chance to cross-examine the witnesses presented, then that’s the time that we can say there’s a mistrial,” she said.

“Pero sa sitwasyon na ito, walang masasabing (but in this situation, there can be no) mistrial because they were given ample time and opportunities to cross-examine the witnesses presented by the prosecution,” Castro added.

Castro said the defense should have objected and insisted on presenting evidence if it intended to challenge the prosecution’s move to withdraw the articles.

She also clarified that dismissing the articles with prejudice would apply to the impeachment proceedings but would not automatically prevent other investigative agencies from looking into possible violations.

Castro cited a Commission on Audit (COA) decision involving the Office of the Vice President’s (OVP) confidential funds, saying the state auditor had denied the office’s motion for reconsideration and ordered the return of around PHP73 million.

“Impeachment is different, impeachment court is different, criminal case is different. So with prejudice with regard to impeachment, other investigating agencies cannot be stopped from investigating regarding this,” Castro said.

Castro also addressed speculation that House Speaker Faustino Dy III could replace Duterte if she were convicted.

“There is no conviction yet. We cannot anticipate. We cannot speculate because the defense will still present their evidence. So, the impeachment court has not yet made a decision, so this is not being discussed. So, in fairness and out of respect for the position of the Vice President, this will not be discussed, and it has not been discussed yet. Let’s let the process roll,” she said. (PNA)