MANILA, Philippines – The impeachment trial of Vice President Sara Duterte will continue even if she chooses not to personally appear or declines to answer the charges filed against her, according to existing Senate rules governing impeachment proceedings.
Under Senate Resolution No. 39, or the Rules of Procedure on Impeachment Trials, an impeached official’s failure to attend proceedings does not suspend or delay the trial process.
Senate President Alan Peter Cayetano earlier said the resolution remains applicable in Duterte’s impeachment case, together with relevant provisions under Senate rules and the Rules of Court when necessary.
The rules state that if an impeached official, after receiving notice, fails to appear personally or through legal counsel, or does not submit an answer to the articles of impeachment, proceedings will continue with a plea of “not guilty” automatically entered on the respondent’s behalf.
The Senate formally convened as an impeachment court earlier this week and ordered Duterte to submit her response within 10 calendar days from receipt of the summons. The Senate sergeant-at-arms was also instructed to serve the summons and a copy of the articles of impeachment.
PROSECUTORS WARN AGAINST NON-PARTICIPATION
Batangas Representative Gerville Luistro, who leads the House prosecution panel, said failing to participate in the trial could work against the Vice President’s defense.
According to Luistro, evidence presented by complainants and prosecutors could remain unchallenged if Duterte or her legal team decides not to present counterarguments or evidence.
She noted that unopposed allegations may influence senator-judges when determining whether the respondent should be convicted or acquitted.
Luistro also argued that impeachment proceedings should continue even in the event of Duterte’s resignation, saying the trial does not only involve removal from office but may also include perpetual disqualification from holding public office.
“FINAL OPPORTUNITY” FOR DEFENSEz
Bicol Saro Party-list Representative Terry Ridon described the impeachment trial as Duterte’s final opportunity to fully answer allegations against her.
He said the defense panel is expected to raise constitutional and jurisdictional concerns while presenting a comprehensive response to accusations filed against the Vice President.
Meanwhile, Mamamayang Liberal Representative Leila de Lima emphasized that senators serving as judges in the impeachment proceedings must remain impartial and avoid allowing political affiliations to influence the process.
She said the proceedings are part of Duterte’s right to due process and an opportunity to directly address accusations against her.
DEFENSE SAYS SENATE IS THE PROPER VENUEa
Lawyer Michael Poa, spokesperson for Duterte’s legal team, earlier said the Vice President intends to answer the allegations in what he described as the “appropriate forum,” referring to the Senate impeachment court.
Following the issuance of a summons, Poa said the camp would comply with constitutional requirements and submit an appropriate response.
DUTERTE IMPEACHMENT MOVES TO SENATE TRIAL
The Senate’s convening as an impeachment court came after the House of Representatives voted to approve articles of impeachment against Duterte.
The House adopted House Resolution No. 989 containing Committee Report No. 261 and the Articles of Impeachment, with 257 lawmakers voting in favor.
The impeachment case includes allegations related to the alleged misuse of confidential funds, unexplained wealth, bribery, and controversial statements involving threats against top government officials.
Under the Constitution, senators sitting as judges will decide on each article of impeachment separately, and a two-thirds vote of all Senate members is required to secure a conviction.