As the Senate convened Monday as an impeachment court to try Vice President Sara Duterte on multiple allegations, a University of the Philippines College of Law legal expert says that the vice president may formally enter a guilty or not-guilty plea through her legal counsel.

For UP Law Associate Dean Paolo Tamase, the procedural guidelines in impeachment allow respondents to submit their plea through counsel — without immediate personal appearance.

“Now, kung criminal na kaso ito, importante 'yung step na iyon. But dahil itong proseso na ito ay sui generis, tinatawag natin katangi-tangi, hindi naman siya criminal, hindi siya sibil, hindi actually kailangan magpakita ni Vice President Duterte at this point,” Tamase said in a television interview.

Tamase explained that one of the earliest steps in the process is the vice president’s entry of plea, which does not require her physical presence.

“Pwede siyang magbigay ng plea niya kung guilty or not guilty siya through lawyers niya or through ’yung counsel niya,” he said, noting that impeachment trials operate differently from criminal cases where the accused must appear in person.

Yesterday, senators donned maroon robes and took oaths to sit as judges of the impeachment court after the House of Representatives transmitted the Articles of Impeachment against Duterte.

The impeachment complaints accuse Duterte of culpable violation of the Constitution, graft and corruption, and betrayal of public trust, among other charges.

The Senate court has since issued a writ of summons, directing Duterte to file her answer within a non-extendible 10-day period and to appear before the chamber upon notice.

He added that while the public may anticipate whether Duterte will appear before the court, nothing in the rules requires her to be physically present when responding to charges. 

“Hindi katulad ’don sa criminal na kaso kung saan ’yung masasakdal mismo ang kailangan magpakita… Of course we expect na sasabihin ang ‘not guilty,” said Tamase.

Meanwhile, Duterte’s defense team has already signaled preparedness to comply with court requirements, saying they will file the appropriate response in accordance with constitutional and legal rules.

The court’s order also contemplates that after Duterte’s answer, the prosecution has five days to file its reply, and pre-trial may be calendared accordingly.

Tamase warned that the impeachment process may face procedural objections from the defense, noting that Duterte’s camp could submit supplemental petitions to the Supreme Court to ask for intervention.

 “Kung gusto nila antala ang proseso, maaari silang mag-file ng supplemental petisyon upang i-update yung naka-file na petisyon doon at i-inform ang SC formally na nasa Senado na ’yung proceeding,” he said.

Yesterday’s convening raised questions about the impartiality of Senate President Alan Peter Cayetano, who serves as the impeachment court’s presiding officer. 

Tamase acknowledged the concern, citing Cayetano’s prior public statements supportive of Duterte.

He stressed, however, that senators must demonstrate political neutrality once acting as judges.

He added that the credibility of the trial will depend on whether the Senate allows evidence to be presented fully and fairly. 

“Makikita po ’yan kung gano’n kapatas or dili ang proseso… kung may pagpapatigil sa mga ebidensya or may pagkitil ng arguments sa mga partido,” he said.

With the Senate now functioning as a court, the next steps include the filing of Duterte’s answer, the prosecution’s reply, and the scheduling of pretrial matters. 

Tamase said the public should closely monitor these early stages because they shape the transparency and fairness of the entire process.

Tamase added that both the public and the Senate must remain open to evidence and facts rather than political biases. 

“Ang mga senator-judges dapat ang kanilang alliance ay sa Constitution at sa bayan at hindi kung sinong tao lang.”