Impeachment process to continue sans Sara Duterte’s compliance with summons —court

Senate impeachment court spokesperson Atty. Regie Tongol said Wednesday that the impeachment proceedings will push through even if Vice President Sara Duterte does not comply with the writ of summons that was issued concerning her trial. 

To recall, Duterte was given a non-extendible period of 10 days, starting June 11, to answer to the articles of impeachment against her. Since June 21 is a Saturday, the Vice President’s camp still has until June 23 to respond. 

“Nakalagay sa Senate impeachment rules na magpapatuloy pa rin po ang impeachment process kahit na hindi sumagot, hindi mag-file ng answer. Magpe-presenta pa rin ang prosecution panel ng ebidensya pero na-waive na nung respondent ‘yung kanyang karapatan para maghain naman ng defense niya doon sa impeachment court,” Tongol said in a press conference.

(It’s stated in the Senate impeachment rules that the impeachment process will continue even if there is no answer, or the respondent does not file an answer. The prosecution panel would still present evidence but the respondent had already waived her right to file her defense in the impeachment court.) 

The Senate sergeant-at-arms served the summons at Duterte's office in Mandaluyong City last Wednesday morning. The Office of the Vice President (OVP) thereafter confirmed receipt of the documents. 

However, as of Monday, June 16, Duterte said that she has not yet read the summons.

“Hindi ko pa kasi alam kung kinakailangan ang personal appearance. ‘Yun ang hindi ko alam dahil hindi ko nabasa ‘yung summons. ‘Yung summons namin ay nandoon sa mga abogado at sila ‘yung magde-desisyon kung ano ‘yung gagawin doon sa summons,” she said at a press conference in Davao City.

(I don't know yet if my personal appearance is necessary. I don't know because I haven’t read the summons. The summons is with my lawyers and they are the ones who will decide what to do with it.) 

Duterte’s 16 lawyers earlier filed a formal entry of appearance ad cautelam before the Senate impeachment court.

Motion to dismiss 

Following this move, Tongol said there is a high chance that the Vice President will seek to dismiss her impeachment case. 

“Ang ad cautelam ibig sabihin sa mga abogado, hindi pa namin nire-recognize talaga ‘yung jurisdiction. So pina-file lamang namin ito para lang to comply at para hindi namin ma-waive ‘yung aming mga dapat gawin,” the Senate impeachment court spokesman explained.

(For lawyers, ad cautelam means we haven't really recognized the jurisdiction yet. So we file it just to comply and so we can't waive the things we need to do.) 

“So ‘yun po ang action na ini-expect natin from the defense by filing an ad cautelam appearance—na magpa-file sila ng either answer with affirmative defense questioning the jurisdiction, or a motion to dismiss the case for lack of jurisdiction,” he added.

(So that's the action we expect from the defense by filing an ad cautelam appearance—that they will file either an answer with an affirmative defense questioning the jurisdiction, or a motion to dismiss the case for lack of jurisdiction.) 

Should Duterte’s camp file a motion to dismiss the case, Tongol said the impeachment court will decide on the matter once they convene again in the 20th Congress, which will open on July 28. 

Focus on the defense

Tongol also urged the House prosecution panel to focus on preparations against the defense, and not on the impeachment court. 

This, as House prosecution panel Atty. Antonio Bucoy said that there’s “so much foot-dragging on the part of the impeachment court, and also on the part of the impeached official,” which may result in a lengthy impeachment trial. 

Tongol had denied the accusation, saying that the Senate impeachment court had accomplished a lot last week, including convening, issuing orders adopting rules and suppletory rules, and issuing summons to Duterte. 

He also said that it is not the impeachment court that came unprepared on the matter. 

“Dapat po ‘yung energy nila na pagki-criticize sa korte ay ginugugol nila doon sa kanilang kalaban dahil hindi nila kalabaan ang korte, ang kalaban nila ang ‘yung kabilang party, ‘yung defense,” Tongol said. 

(The prosecution’s energy criticizing the court should be spent on their opponent because the court is not their enemy; their real opponent is the other party, the defense.) 

“Sabi niya po formidable at mga respetableng mga abogado ‘yung mga nasa defense team so paghandaan na lamang nila. At ‘yun ‘yung awayin po nila at ‘wag po ‘yung impeachment court,” he continued. 

(They said that those on the defense team are formidable and respectable lawyers, so they should just prepare. That's why they should fight the defense and not the impeachment court.) 

The Senate, sitting as an impeachment court, last Tuesday voted 18-5 to bring Duterte’s case back to the lower chamber without dismissing or terminating it.

The House of Representatives impeached Duterte on February 5, with over 200 lawmakers endorsing the complaint. The articles of impeachment were transmitted to the Senate the same day, but the upper chamber adjourned without tackling the impeachment case.

Duterte was accused of betrayal of public trust, culpable violation of the constitution, graft and corruption, and other high crimes.

Public duty

Meanwhile, the spokesperson of the House of Representatives said the immediate start of the Senate impeachment trial is a matter of duty to the public.

“Kasama ‘yan sa kanilang tungkulin na maging impartial sa pagtanggap, pakikinig ng ebidensiya, kapag natuloy ang trial, na sana ituloy na nila iyong impeachment trial,” said lawyer Princess Abante.

(That is a part of their duty: to receive, look at the evidence, once the trial proceeds. And so we are hoping that the trial will start soon.

“Nung hinalal sila bilang senador, kasama’ yun sa tungkulin, regardless kung ano ‘yung naging desisyon nila para tumakbo. Once nanalo na sila bilang senador, kasama na dito, hindi lang yung politika nila, pero ‘yung tungkulin nila sa mamamayan, tungkulin nila sa Saligang Batas, na gampanan ang kanilang trabaho nilang senator-judge,” Abante added.

(When they were elected as senator, that's part of their job already, regardless of what made them seek public office. Once they get elected as senator, on top of their politics, they have a duty to the people, to the Constitution, to fulfill their mandate as senator-judge.)

Abante said that the Senate cannot turn back on its duty to try the impeachment case filed by over 200 members of the House against the Vice President.

“We maintain that the House of Representatives did its duty as provided for by the Constitution when it comes to the impeachment process. They can always question it before the proper forum, but there should be a presumption of regularity in the action of government agencies, and the House enjoys that presumption of regularity,” Abante said, referring to Article 11 of the Constitution.

She said the article states that, “Now, it is up to the Senate as an impeachment court to proceed with the trial. There shouldn't be further delays because the Constitution stated that the trial should proceed forthwith."—With Llanesca Panti/LDF, GMA Integrated News