Withdraw? Abandon? Waive?
Which is it, Escudero asks

SENATOR-JUDGE Chiz Escudero asked prosecutors if they intended to withdraw, abandon, or waive their rights to present evidence on five of the eight articles contained in the articles of impeachment against Supreme Court Chief Justice Renato Corona.

Escudero said he was puzzled as to the real nature of the declaration of the House prosecution team yesterday when lead prosecutor Niel Tupas told the court that they were withdrawing articles 1, 4, 5, 6, and 8 of the articles of impeachment. The prosecutors had only presented evidence for articles 2, 3 and 7.

Escudero however pointed out that it was important to make the distinctions between a withdrawal of the five articles of impeachment, and a waiver of the right to present evidence.

A withdrawal of the five articles would mean the Senator-Judges would no longer need to vote on those five articles, Escudero said. On the other hand, a waiver of the right to present evidence would mean the judges would still need to vote on all eight articles.

To this, Tupas said the prosecution was withdrawing on the five articles of impeachment. This move will be contained in a formal manifestation that the prosecution will present to the court, he said.

However, Escudero pointed out that a withdrawal of the five articles of impeachment would in effect be an amendment to the articles of impeachment as approved and signed by 188 members of the House of Representatives. In that event, Escudero said that prosecutors should have gone back to the House of Representatives to have the impeachment complaint amended, which opens up a whole new set of complications.

Tupas said the prosecutors had taken the position that this did not constitute as an amendment of the articles of impeachment.

Presiding Officer Juan Ponce Enrile backed Tupas, saying that the prosecutors were effectively waiving or abandoning their right to present evidence on five articles of impeachment.