THE House prosecution panel asserted on Tuesday that the Senate has the legal authority to tackle its motion compelling Vice President Sara Duterte to respond to the Articles of Impeachment, even before the Senate formally convenes as an Impeachment Court.
So we are of the opinion that legally, they can tackle this matter even within the timeline that they have originally mentioned,” said 1-Rider Party-list Rep. Rodge Gutierrez, a member of the prosecution team.
“The good SP 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” C. 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 are 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.
“Although the ideal would still be personally, she would return to the Philippines to file her answer for the court,” he added.
The House of Representatives’ panel of prosecutors earlier filed a motion before the Senate, sitting as an Impeachment Court, asking it to issue a writ of summons directing the Vice President to answer the Articles of Impeachment.
Libanan maintained that the panel is merely doing its duty under the Constitution.
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