House insists on Sara summons ahead of trial

The Senate decision to allow the House prosecution panel to summon Vice President Sara Duterte to respond to impeachment allegations before the trial’s formal start is expected to expedite proceedings set for late July.

House prosecutor Lorenz Defensor explained that if the Senate, acting as the trial court, grants their motion to issue a summons, both the prosecution and defense could complete their pleadings before the trial begins.

“We want to accelerate the pleading process so that when the Senate convenes, everything is in order,” Defensor said in English and Filipino. “We can finish this now without the senators sitting or a trial taking place, allowing us to start in June.”

Congress is currently on a four-month break for the election season and will resume sessions on 2 June. The Senate’s schedule set the issuance of summons for 4 June, with the reception of pleadings from 14 to 24 June.

Defensor noted that if Senate President Francis “Chiz” Escudero upholds Resolution 39’s rules, the Senate can issue the summons immediately, compelling Duterte to respond to the impeachment complaint.

Under Rule VII of Resolution 39, a “writ of summons shall be issued to the person impeached to file his/her answer to said articles of impeachment within a non-extendible period of ten days from receipt.” Prosecutors then have five days to file a reply.

“Even the Senate rules acknowledge that the trial must proceed, and under Rule 7, they must issue a summons without delay,” Defensor said. “This would allow us to study the case now, so that by June we can move forward with the trial preparations.”

However, Escudero dismissed the House prosecutors’ move as “illegal,” asserting that a summons can only be issued when Congress is in session and the Senate impeachment court is convened.

He maintained that an impeachment trial cannot legally proceed during the congressional break, as the articles of impeachment were not referred to the plenary before Congress adjourned on 5 February. Escudero has reiterated that the trial will only begin after the 20th Congress convenes on 28 July, with proceedings to commence on 30 June.

Defensor countered that the Senate must abide by the Constitution and proceed with the trial forthwith, given the national significance of the case.

“The sooner the Vice President faces trial — whether she is convicted or acquitted — the country can move forward with a national closure on this impeachment,” he said.

The House has cited seven impeachable offenses against Duterte, including betrayal of public trust, culpable violation of the Constitution, bribery, graft and corruption, and other high crimes. A total of 215 lawmakers signed the articles of impeachment.

To convict Duterte, the Senate must secure a two-thirds vote — at least 16 of 24 senators. A conviction would result in her permanent disqualification from public office, including a bid to succeed President Ferdinand Marcos Jr. in 2028.