Senate doesn’t have to wait — House prosecutor
THE House prosecution panel stressed that the Senate can already tackle the motion filed by the House to compel Vice President Sara Duterte to respond to the Articles of Impeachment, even within the timeline it previously set for convening as an Impeachment Court.
According to 1-Rider Party-list Rep. Rodge Gutierrez, a member of the prosecution team, legally senators can tackle the matter even within the timeline that they have originally mentioned.
“The good SP (Senate President) has mentioned that the Senate is ready to prepare for the trial. They are willing to go through the motions and any preparation that might be necessary even prior po ‘no,” he said.
Gutierrez was referring to the motion for entry with prayer for the issuance of summons earlier filed with the Senate by the House prosecution panel, which is led by House Minority Leader Marcelino “Nonoy” Libanan as lead prosecutor.
“In relation to the timeline, the motion filed by the prosecution thru the Hon. Libanan, ‘yung entry with the motion of summons, this could be considered one of those preparatory steps,” Gutierrez said.
Asked whether Vice President Duterte would be compelled to return to the Philippines to respond to the Articles of Impeachment if the summons were issued while she is abroad, Gutierrez clarified that it is not necessarily required.
“Does not necessarily follow. Although we have to review the rules, we are of the opinion that upon, whether… assuming first the summons would be properly delivered to the Vice President, whether through personal summons or through substitute,” he said.
“The Vice President if she would still be abroad can still file her answer and just approach the nearest consulate to have it Apostilled,” Gutierrez added. “In the same way to make it more common knowledge, ‘yung pagsagot rin ni Atty. Harry Roque ginawa niya rin abroad. So, in the same manner it could be done.”
He explained that a formal filing can be made abroad through Philippine diplomatic posts.
“She would have to answer it na formal filing through the court, through the consulate that’s one of the thing that we have,” Gutierrez said.
SENATE RULE
The Senate should issue a writ of summons to impeached Vice President Sara Duterte requiring her to answer the impeachment complaint filed against her by the House of Representatives last February 5.
This is according to House Minority Leader 4Ps Party-list Rep. Marcelino Libanan pointing out that requirement is contained in the Senate rules on impeachment trials.
Under such rules, he said the Senate should ask the respondent to file an answer within 10 days from its receipt of the impeachment complaint.
Based on the impeachment timeline earlier released by Senate President Francis Escudero, Vice President Duterte would be required to answer the complaint on June 4.
Trial would start on July 30, two days after the State of the Nation Address of President Ferdinand R. Marcos Jr. and after the convening of the incoming 20th Congress.
Libanan said the June 4 plan to require the Vice President to answer the impeachment petition is not contained in the Senate impeachment rules.
“Ang nakikita ko po sa June 4, pag duon sila nagsimula ay wala po sa kanilang rules of procedure. Dahil pag nai-file kaagad, sa kanilang impeachment rules ay mag-i-issue sila ng summons to the one who is being sought to be impeached in a period of ten days from receipt of the articles of impeachment,” the veteran lawmaker said.
