A House prosecutor said the impeachment proceedings against Vice President Sara Duterte will move forward even if she or her legal team chooses not to appear before the Senate impeachment court.
In an interview, Manila Rep. Joel Chua explained that the writ of summons issued by the impeachment court primarily requires the vice president to file an official answer to the Articles of Impeachment and formally enter a plea.
According to the Manila solon, Duterte may personally appear before the tribunal, authorize lawyers to represent her, or decline participation altogether depending on her defense strategy.
“Well, that depends on the legal strategy of the defense,” he said.
However, the House prosecutor clarified that under Senate impeachment rules, the proceedings will continue regardless of the vice president’s attendance.
“Now, in the event that the vice president did not appear in the impeachment trial or her lawyer did not appear or no answer was submitted, the trial will proceed anyway, and a plea of not guilty will be entered for the vice president,” he explained.
The procedure is provided under Senate Resolution No. 39, which governs impeachment proceedings in the 20th Congress.
The lawmaker said the next phase after the submission of pleadings would involve pre-trial proceedings, during which both parties would identify evidence, witnesses, and issues to be tackled during the actual trial.
“The purpose of the pre-trial is to prevent surprises,” he said, adding that evidence and witnesses would be formally marked and identified before trial proper begins.
While Duterte is not legally required to personally testify, Chua noted that many Filipinos continue to seek answers regarding the allegations raised against her.
“I think it would be best on the part of the vice president to explain everything,” he said.
The House prosecutor also addressed concerns over the recent leadership changes in the Senate and speculation that political alliances could affect the proceedings.
Despite these concerns, he said he continues to give the Senate the benefit of the doubt after senators formally convened as an impeachment court and took an oath to act impartially.
“Sa ngayon, wala naman tayong aasahan kundi umasa nalang muna that they will do their job and that they will do their constitutional duty,” he said.
He also stressed that the prosecution panel’s main objective is simply to be allowed to present evidence before the impeachment court.
Under the Constitution, at least two-thirds of the Senate, or 16 senator-judges, must vote to convict the vice president.
The House of Representatives impeached Duterte on May 11 after 257 lawmakers voted in favor of the complaint, surpassing the required constitutional threshold to elevate the case to the Senate.
The impeachment articles accuse Duterte of alleged misuse of confidential funds, failure to fully disclose wealth in her Statements of Assets, Liabilities and Net Worth, bribery during her tenure as Education secretary, and threats against President Ferdinand Marcos Jr. and other officials.