Sara Duterte can enter plea through counsel in Senate impeachment trial

Vice President Sara Duterte is not required to appear to personally make her plea before the Senate impeachment court, University of the Philippines (UP) College of Law Associate Dean Paolo Tamase said Tuesday.

“Now, kung criminal na kaso ito, importante 'yung step na iyon. But dahil itong proseso na ito ay sui generis, tinatawag natin katangi-tangi, hindi naman siya criminal, hindi siya sibil, hindi actually kailangan magpakita ni Vice President Duterte at this point,” Tamase said in an interview on Unang Hirit's On Record.

(Now, if this were a criminal case, that step would be important. But because this process is sui generis, what we call unique, it is neither criminal nor civil, Vice President Duterte does not actually need to appear at this point.)

“Pwede siyang magbigay ng plea niya kung guilty or not guilty siya through lawyers niya or through 'yung counsel niya,” he added.

(She may enter her plea, whether guilty or not guilty, through her lawyers or through her counsel.)

The Senate convened as an impeachment court on Monday for the trial of Duterte over allegations of culpable violation of the 1987 Constitution, graft and corruption, and betrayal of public trust.

The impeachment court ordered Duterte to file an answer within a non-extendible period of ten calendar days from receipt.

Duterte’s defense team, meanwhile, vowed to comply with the summons of the impeachment court and file a response.

According to Tamase, it would be good for the Vice President to make an appearance.

“Inexpect naman po natin siya magsasabi na not guilty. Ngunit maganda pa rin na marinig 'yun mismo galing sa kanya. It shows sa publiko na bagaman siya ang second highest official natin sa ating bansa. Ay hindi siya above the law at hindi din siya above ng mamamayan,” he said.

(We expect that she would say “not guilty.” But it is still good to hear it directly from her. It shows the public that although she is the second highest official in our country, she is not above the law and neither is she above the people.)

Despite this, he said he does not expect this to happen.

“Ngunit hindi natin na-expect 'yun at naiintindihan natin 'yung legal strategy kung bakit hindi, kung pwedeng iwasan 'yung pagpapakita niya at this space or at this state ay pwede naman talaga siyang iwasan,” he added.

(But we did not expect that, and we understand the legal strategy behind it, that if her appearance at this stage or at this space can be avoided, it really can be avoided.)

Meanwhile, he said that, in theory, the Supreme Court (SC) could no longer stop the impeachment trial.

There are four petitions filed with the High Court seeking to stop the impeachment proceedings, including the petition filed by Duterte herself.

“In theory, hindi. Sa Saligang Batas natin, malinaw 'yung exclusive power or sole power ng Senate to try and decide cases of impeachment,” he said.—AOL, GMA News