House Prosecutors Ask Senate to Summon VP Duterte

By Joseph Bernard A. Marzan

The House of Representatives’ prosecution team in the impeachment case against Vice President Sara Duterte has asked Senate President Francis Escudero to compel her to respond to the Articles of Impeachment filed in February.

In a three-page Entry With Motion to Issue Summons dated March 14 and submitted to the Senate Secretary’s office on Tuesday, March 25, the team requested the Senate to issue a writ of summons directing Duterte to “file an answer within a non-extendible period of 10 days.”

The motion cited Rule VII of Senate Resolution No. 39, adopted March 23, 2011, which outlines procedures for impeachment trials, including the issuance of a writ upon the Senate’s receipt of the articles and formation as an impeachment court.

The filing also referred to Rule XXV of the same rules and the 2008 Supreme Court ruling in Neri v. Senate Committee on Accountability of Public Officers and Investigations to support the continuing validity of the impeachment rules.

“The Rules of Procedure on Impeachment Trials, promulgated under Section 3(8), Article XI of the Constitution, expressly provide that they ‘shall remain in force until amended or repealed,’” the motion stated.

The team added that the Supreme Court interpreted this clause to mean the rules remain effective “from the date of their adoption until they are amended or repealed,” including during future Congresses.

“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,” they said.

4Ps Party-list Rep. Marcelino Libanan, who signed the motion, and 1-RIDER Party-list Rep. Ramon Rodrigo Gutierrez held a press conference following its submission.

Gutierrez said Libanan, as the most senior member, had been authorized to sign documents on behalf of the 11-member panel.

Libanan noted they originally planned to file at a later date but decided to move earlier after Sen. Imee Marcos held a March 20 committee hearing.

The hearing, conducted by the Senate Committee on Foreign Relations, addressed the International Criminal Court’s arrest order against former President Rodrigo Duterte, the vice president’s father.

“We signed the motion on March 14, but delayed filing because we thought the Senate was on break,” Libanan said.

“They said they couldn’t act on the impeachment during the break, but when we saw Sen. Imee’s hearing, we realized the Senate was still functioning.”

He added that the House prosecution panel is working despite the campaign season, in accordance with the Senate’s Rules of Impeachment.

“When an impeachment complaint is filed, the Senate shall start proceedings forthwith, or immediately,” he said.

Vice President Duterte and her office have yet to comment on the motion, as she remains in The Hague, Netherlands, attending to her father’s ongoing detention in an ICC facility.