VICE President Sara Z. Duterte or her counsel must appear before the Senate impeachment court or submit an answer under the old Senate impeachment rules, otherwise a not guilty plea may be entered on her behalf.
Manila Rep. Joel Chua, chair of the House Committee on Good Government and Public Accountability and a member of the House prosecution panel, raised the point during the Saturday News Forum at Dapo Restaurant in Quezon City as prosecutors awaited the final rules that would govern Duterte’s impeachment trial.
“Kasi doon sa old rules nakalagay doon dapat uma-appear ‘yung Vice President or counsel niya or kung hindi man, mag-submit sila ng answer,” Chua noted.
“Otherwise, mag-enter ng not guilty plea,” he added.
The House prosecution panel is preparing for the impeachment trial of Duterte, who faces articles involving alleged misuse of confidential funds, unexplained wealth, bribery and threats against President Ferdinand “Bongbong” R. Marcos Jr. and other officials.
Chua said the prosecution has not yet seen the full amended rules that will guide the proceedings, which is why the panel continues to monitor what the Senate impeachment court will formally issue.
“Kasi noong ina-amend nila ‘yung rules, hindi pa namin nakikita ‘yung kanilang actual rules,” Chua explained.
“In fact, may mga inaantay pa nga rin kami,” he added.
The Manila House leader also disclosed that the House prosecution panel has not received a formal invitation indicating when Duterte is expected to appear before the impeachment court.
“Now wala pa kaming natatanggap na formal invitation kung kailan a-appear ‘yung Vice President,” Chua disclosed.
“So ‘yun pa rin ang inaantay namin,” he added.
With the Senate still dealing with questions on its presiding officer and internal procedures, Chua said prosecutors are watching whether new rules will be released to clarify how the trial will proceed.
“So, kaya medyo inaabangan namin kung maglalabas sila ng bagong rules,” Chua pointed out.
“So sa ngayon ang nilagay lamang nila, ang binigay pa lamang nila sa amin is ‘yung dito sa pretrial,” he added.
Chua said the material received by the prosecution so far covers only the matters to be discussed during the pretrial conference.
“Kung ano po yung magiging pag-uusapan sa pretrial conference,” Chua said.
Asked who may elevate questions to the Supreme Court (SC) if disputes arise over the Senate’s handling of the impeachment proceedings, Chua said any issue should first be allowed to develop within the chamber.
“Siguro kung nagkaroon na ng issue tungkol diyan,” Chua said.
“Baka mamaya pag-uusapan pa nila sa Senado kung paano ang magiging, huwag muna nating pangunahan ang mga senador, mamaya magkasundo naman sila,” he added.
Chua said the prosecution will first wait for the Senate’s internal process and the rules it may release before assuming that any legal conflict has already ripened.
“So tingnan muna natin kasi may mga internal,” Chua said.
“So tingnan muna at kung ano rin ilalabas nilang rules nila,” Chua added.
The House prosecution panel is preparing to present its case before the Senate impeachment court once the trial proceeds, with the pretrial expected to settle key issues on evidence, witnesses and procedure.
