Chiz: Summoning VP Sara to answer impeachment articles ‘not legally possible’

MANILA, Philippines — House prosecutors on Tuesday, March 25, filed a motion to summon Vice President Sara Duterte over impeachment charges, but Senate President Chiz Escudero said it “cannot legally be done.”  

Speaking at the Kapihan sa Manila Bay forum on Wednesday, March 26, Escudero said the motion can only be addressed when the Senate is in session.  

He also pointed out that under the Rules of Procedure on Impeachment Trials, a writ of summons can only be issued after the Senate receives the articles of impeachment and formally convenes as an impeachment court.

“Hindi ‘yan pwede gawin habang recess at klaro ang pagkakaiba ng dalawang ‘yan sa pag-conduct ng hearing ng Senado. Hindi na kailangan i-memorize ‘yan at alam na dapat din ‘yan,” he added. 

(That cannot be done during recess, and the difference between the two in conducting a Senate hearing is clear. There’s no need to memorize that and they should already know this.) 

House prosecutor Rep. Marcelino “Nonoy” Libanan (4Ps Party-List) said in a press conference on Tuesday that the motion was signed as early as March 14 but was deliberately filed later, as they were aware the Senate was on break.  

However, Libanan noted that after the Senate conducted an inquiry last week into the possible arrest of former President Rodrigo Duterte by Philippine authorities, they were led to believe that impeachment proceedings could also begin.

RELATED: Senate asked to summon VP Sara Duterte over impeachment charges

Like House, Senate can hold hearings even on break

Escudero, however, argued that like the lower chamber — which continues to hold legislative inquiries during recess — the Senate can also conduct hearings even when not in session.

He said the Senate would respond to the motion “in due course” but noted that prosecutors “already know the answer.”

Escudero also reiterated that the lower chamber took nearly two months before referring the impeachment complaint to the Office of the Speaker.

“I would rather be more prudent and more closely faithful to what the law provides than go through these experimental procedures that they would want us to do at this point in time,” Escudero said. 

The House, on the other hand, said that they are only adhering to their constitutional mandate to handle the impeachment proceedings “forthwith.” For Escudero, this term also takes into consideration "reasonable delay."  

RELATED: Marcos urged to call special session to expedite Sara Duterte's impeachment trial

The prosecution panel transmitted a copy of the motion to issue writ of summons to Duterte’s office in Mandaluyong on Wednesday.  

The vice president is currently in The Hague, Netherlands, assisting former President Rodrigo Duterte in preparing his defense before the International Criminal Court (ICC) over crimes against humanity charges.  

Prosecutors told to be ready

Escudero said prosecutors should use this time to “further study the evidence” they plan to present, as the Senate will not allow delays once proceedings begin in June.  

On Wednesday, House prosecutors met to discuss their arguments and evidence. Rep. Jinky Luistro (Batangas, 2nd District) told the media they are preparing thoroughly to ensure they are ready even if the trial starts earlier than expected.  

When Congress resumes in June, the Senate plans to hold the presentation of articles of impeachment, convene the impeachment court, and have senator-judges take their oath on June 2 and 3.