Vice President Sara Duterte must still personally appear before the Senate impeachment court for the formal entry of her plea, according to the House prosecution panel.
A member of the prosecution team said the Senate Rules on Impeachment Trials require the respondent not only to file an answer to the Articles of Impeachment but also to appear before the impeachment court so the plea can be formally recorded.
“Kung titingnan po natin ‘yung rules of the Senate as an impeachment court, malinaw na nakalagay doon na aside from ‘yung utos na sagutin ni Vice President ‘yung articles of impeachment, dapat din magkaroon ng isang hearing na haharap ang bise presidente sa impeachment court at doon malalaman kung ano ‘yung magiging plea niya,” House prosecutor Chel Diokno said.
He said that if Duterte refuses to appear, the rules allow the impeachment court to enter a plea of not guilty on her behalf.
“Kung halimbawa ayaw niyang pumunta, then the automatic under the rules, that will be considered as a plea of not guilty,” he said.
Diokno added that the respondent may also choose to plead guilty during the same hearing if she decides to do so.
“On the other hand, the rules also provide that the respondent has the choice of entering a plea of guilty during that hearing,” he said.
The prosecution said it expects the proceeding to take place before the formal start of the trial on July 6, based on the impeachment rules. This would require the Senate impeachment court to issue a writ of summons for Duterte’s entry of appearance.
“So inaantay din natin at kung magiging batayan natin ay ‘yung rules, dapat talaga magkaroon ng hearing na ‘yan before the actual trial on July 6,” Diokno said.
Asked whether the Senate leadership dispute could benefit the defense, House trial spokesperson Renee Co said further delays should not be seen as an advantage to either side, as both the prosecution and defense remain bound by the evidence to be presented before the impeachment court.
“I think ang further delay ay disadvantage din to the defense dahil gusto natin ‘yung mga ebidensya at sagot ni VP ng defense doon sa Articles of Impeachment na nanggaling sa citizens’ complaints at duly na process ng House Committee on Justice ay ma-dispense with na,” Co said.
Diokno agreed, saying the outcome of the trial should be based on evidence, not on the political situation in the Senate.
“I don’t see that what is happening in the Senate will be an advantage to the defense team. This is about the evidence,” he said.
Co said any delay would affect all parties and the institutions involved, as the impeachment process is meant to resolve the allegations with finality.
“Kaya ang gusto natin matapos na ang paglilitis para sa punot-dulo nito kung ano man ang alegasyon,” she said. “Ang pagtutuloy-tuloy ng paglilitis will be to the advantage of due process and all institutions facing these allegations.”
After Duterte filed what the prosecution described as a “non-answer” to the Articles of Impeachment on June 1, the House panel filed a manifestation on Monday instead of a formal reply, saying her answer raised no new factual matters that required a response.
The prosecution is expected to submit its pre-trial brief to the Senate impeachment court on June 15, followed by a pre-trial conference on June 18. The trial is initially scheduled to begin on July 6.