Impeachment court summons Sara Duterte, delays reading of impeach articles

MANILA, Philippines — Sen. Chiz Escudero, who serves as the impeachment court’s presiding officer, formally issued a writ of summons to defendant Vice President Sara Duterte on Tuesday, June 10. 

This follows the impeachment court’s 18-5-0 vote in favor of Sen. Bato dela Rosa’s and Sen. Alan Peter Cayetano’s motion to return the articles of impeachment to the House of Representatives. 

“The court therefore, having been organized, and the articles of impeachment having been referred thereto, hereby issues the writ of summons to Vice President Zimmerman Duterte, who is directed to file her answer within a non-extendable period of 10 days from receipt of the summons and the copy of the complaint,” Escudero said.

Duterte's office, however, said she will be out of the country on a “personal trip” with her family in Malaysia. 

After the vice president issues her response to the articles of impeachment, Escudero said the House prosecution panel will be given five days to issue its reply. 

Dela Rosa, however, disagreed with the issuance of summons after the court voted in favor of the motion to return the articles of impeachment to the House prosecution panel. 

His argument hinged on the impeachment court's supposed loss of jurisdiction, contending it no longer holds the articles of impeachment — a situation he described as a result of the “return.”

Sen. Risa Hontiveros also pressed Escudero for clarification regarding the fate of the approved June 9 motion, which stipulated that the articles of impeachment would be presented on Wednesday, June 11.

Escudero said this will no longer proceed as originally scheduled. This is because the plan was “amended and changed” when the articles of impeachment were referred to the Committee on Rules on June 9, he explained. 

“Sa pagkakaunawa po, hindi na dahil hindi na kailangan dahil pinagpasyahan kahapon ng Senado bilang plenaryo,” the presiding officer said. (To my understanding, there's no need because it is no longer necessary because the Senate decided yesterday as a plenary.)

He added that the presentation by the House prosecution panel at this point, with the motion passed, “would be rendered moot” or have little to no practical relevance because the Senate convened as an impeachment court and summons have already been issued.

Hontiveros clarified when the presentation would be held, but Escudero said a date has yet to be determined. 

According to the Senate’s rules of procedure for impeachment, the presentation of articles comes before the issuance of summons. 

“Upon the presentation of articles of impeachment and the organization of the Senate as herein before provided, a writ of summons shall be issued to the person impeached,” Article VII of the rules read. 

The procedural confusion, even among senators, stems from the fact that the rules do not explicitly provide for a motion to dismiss the impeachment complaint. 

Despite this, an amendment was put forth to the motion, aiming to send the complaint back to the lower chamber. 

The goal: to obtain certification that it complied with the constitutional prohibition against initiating new impeachment proceedings against an official within one year, referencing the three earlier complaints.

The House prosecution panel, however, has since maintained that the complaint that 215 members of the lower chamber endorsed is constitutionally sound.  

The 19th Congress will hold its final plenary session on June 11, before adjourning sine die.

RELATED: Uncertainty as Senate votes to return Sara Duterte's impeachment case to House