House prosecutors still optimistic Chiz will reconsider VP Sara summons

The House prosecution panel still looks forward to the Senate granting their request to require Vice President Sara Duterte to respond to the allegations against her under the articles of impeachment, despite the same having already been rejected by Senate President Francis “Chiz” Escudero.

In a virtual interview, House prosecutor Gerville Luistro said they remain optimistic that Escudero will reconsider their motion to issue a summons against Duterte, compelling her to counter allegations of bribery, graft and corruption, among others, before the trial formally starts in late July.

“We are somehow optimistic. Since there has been no official denial of the motion, it might be still considered. Let's hope and see if our Senate president changes his mind,” Luistro told reporters.

She continued, “Because if there is no official response, then I wish to believe that we have reason to continue hoping that having the Vice President around already, the Senate president might consider resolving the motion of the prosecutors to issue [a] writ of summons.”

In a press briefing in late March, Escudero, who will sit as presiding judge in the upcoming impeachment trial, 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.

But lead prosecutor Marcelino Libanan earlier countered that though they respect Escudero’s decision, a “formal written communication” is required to allow the prosecution team to determine their next legal move, including the possibility of elevating their request to the Supreme Court.

Congress is currently on a four-month break for the election campaign season and will only resume session on 2 June.

Based on the Senate's timetable, the issuance of summons is scheduled for 4 June, and the reception of pleadings is from 14 to 24 of the same month.

The prosecution team has insisted that compelling Duterte to respond to impeachment allegations even before the trial starts is expected to expedite proceedings, allowing both the prosecution and defense to complete their pleadings in advance.

According to prosecutor Lorenz Defensor, this would allow both parties to study the case so that they can move forward with the trial preparations in June.

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.

The articles of impeachment were anchored on Duterte’s alleged plot to have President Ferdinand Marcos Jr., First Lady Liza Marcos, and Speaker Romualdez killed, as well as the purported misappropriation of P612.5 million in confidential funds allocated to her office and the Department of Education during her tenure as its secretary.

Duterte has repeatedly denied the allegations, deeming it a “well-funded” and “coordinated political attack” to derail her future political ambitions.

The Senate will need a two-thirds vote or at least 16 of the 24 sitting senators to convict Duterte. If convicted, she will be permanently disqualified from holding any public office, including her alleged ambition to succeed Marcos in the 2028 elections.

The prosecution panel would be comprised of “veteran lawyers” who volunteered to help in Duterte’s trial, believing that the proceedings would continue to uphold accountability.

The 11-member House prosecutors is actively continuing their preparations, including conducting mock trials, allowing them to navigate the complexities of the trial and refine their strategy.