MANILA – The House of Representatives’ prosecution panel on Tuesday filed a motion before the Senate, acting as an impeachment court, to compel Vice President Sara Duterte to respond to the Articles of Impeachment against her.
In a motion titled “Entry with Motion to Issue Summons,” the House prosecution panel called on Senate President Francis Escudero to issue a writ of summons directing Duterte to submit her answer within 10 days upon receipt.
The motion was received by the Senate on Tuesday and signed by House Minority Leader and 4Ps Party-list Rep. Marcelino Libanan, a member of the prosecution panel.
He was joined by 1-Rider Party-list Rep. Rodge Gutierrez, House Deputy Majority Leader Paolo Ortega V, and House Assistant Majority Leader Jay Khonghun.
“The Prosecution, represented by the members duly appointed by the House of Representatives, respectfully enters itself, and most respectfully moves that the Honorable Presiding Officer, Senate President Francis Joseph G. Escudero, issue Summons to respondent Vice President Sara Zimmerman Duterte (‘Duterte’) directing her to file her duly Answer to the Verified Complaint for Impeachment,” the motion read.
Duterte is currently in The Hague, The Netherlands, supporting her father, former president Rodrigo Duterte, who faces the International Criminal Court over charges of crimes against humanity for his violent war on drugs.
The prosecution panel's motion reiterated that the House transmitted the verified impeachment complaint to the Senate on Feb. 5 after being endorsed by at least one-third of House members.
The prosecutors noted that under the Constitution, the Senate must proceed with trial proceedings upon transmittal of the impeachment complaint.
“Pursuant to Section 3, paragraph 4, Article XI of the Constitution, the Verified Impeachment Complaint constitutes the Articles of Impeachment against respondent Duterte, and trial by the Senate, acting as the Impeachment Court, shall forthwith proceed,” they said in the motion.
The House prosecutors cited the Senate’s Rules of Procedure on Impeachment Trials, particularly Rule VII, which mandates the issuance of a writ of summons requiring the person impeached to file an answer within a non-extendible 10-day period.
The panel further emphasized that the Senate Rules “shall remain in force until amended or repealed,” quoting Rule XXV, which states, “These Rules shall take effect immediately upon publication in two (2) newspapers of general circulation and shall remain in force until amended or repealed.”
“Thus, 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,” the panel said.
Senate to review motion
Escudero, meanwhile, said the chamber would act “accordingly and in due course” on the motion.
“I haven’t seen it. I will refer it to the Senate Legal Team and discuss with them tomorrow (Wednesday),” he told reporters when asked about the House’s formal submission. (with report from Wilnard Bacelonia/PNA)