Senate asked to summon VP Sara Duterte over impeachment charges
MANILA, Philippines — The House prosecution panel urged Senate President Chiz Escudero to issue a writ of summons requiring Vice President Sara Duterte to respond to the articles of impeachment.
Prosecutor Rep. Marcelino “Nonoy” Libanan (4Ps Party-List) filed the motion before Senate Secretary Renato Bantug Jr. on Tuesday, March 25. He was informally appointed as the lead impeachment prosecutor, but has already been authorized to “sign all pleadings for and on behalf of all public prosecutors” of the House.
Rep. Rodge Gutierrez (1-Rider Party-List), also a prosecutor in the impeachment trial, accompanied Libanan in filing the motion. Reps. Paolo Ortega V (La Union, 1st District) and Jay Khonghun (Zambales, 1st District) were also present.
At a press conference, Libanan said the motion to issue summons should have been filed earlier as the Constitution mandates that the trial proceed "forthwith." He said it was filed on March 14.
He explained that the prosecution panel delayed the filing because the Senate said it was on break, which is the case for the whole of Congress. However, following the Senate hearing led by Sen. Imee Marcos on the arrest of former President Rodrigo Duterte, they decided to file the motion this week.
What is a writ of summons?
Under the 2011 Rules of Procedure on Impeachment Trials, the writ of summons compels an impeached official to appear before the Senate, acting as an impeachment court, and respond to the allegations listed in the impeachment complaint.
Rule VII requires a writ of summons to be issued after the articles of impeachment are presented and the Senate convenes as an impeachment court.
Vice President Sara Duterte would have 10 days from receipt to respond. The prosecution’s presentation and the approval of updated impeachment trial rules are tentatively set for June 2, while the Senate is scheduled to convene as an impeachment court on June 3. Meanwhile, the issuance of summons as outlined by Escudero is set for June 4.
While the cited procedural rules are not the ones up for approval, prosecutors argued in their motion that existing rules remain in effect until amended or repealed, as per the promulgated rules of procedure.
“Thus, it behooves the Honorable Impeachment Court to give effect to the constitutional mandate for the instant impeachment case to ‘forthwith proceed’ and issue the writ of summons to respondent Duterte,” the motion read.
They also maintained that the trial should proceed without delay. However, Escudero has remained firm over its stance that "forthwith" allows for reasonable consideration.
Asked whether the summons could be issued before the Senate's scheduled pre-trial proceedings, Libanan reiterated that impeachment proceedings are "separate from the regular hearings of the House."
The Senate received the signed motion Tuesday morning. Escudero said it would be referred to the upper chamber's legal team and they will "act on this accordingly and in due course."
What went before
Duterte was impeached by more than one-third of the required votes in the lower chamber on February 5.
The fourth impeachment complaint, consisting of seven articles, charges her with culpable violation of the Constitution, betrayal of public trust, graft and corruption, and other high crimes.
RELATED: The allegations against VP Sara Duterte in impeachment proceedings
The complaint largely cites her death threats against the president, first lady, and House speaker; alleged misuse of confidential funds and “ghost expenses”; unexplained wealth; and ties to the notorious Davao Death Squad and her father’s drug war, which led to thousands of extrajudicial killings.
If convicted by the impeachment court, which requires a two-thirds vote, Duterte will be removed from office and permanently barred from holding any government position.
The vice president is currently in The Hague, Netherlands, assisting in her father, former President Rodrigo Duterte’s, defense before the International Criminal Court against crimes against humanity charges.
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