VICE President Sara Duterte has until today, June 1, to answer the Articles of Impeachment against her, Senate Secretary Jose Luis Montales said on Sunday.
In an advisory, Montales said Duterte “may file her answer personally, through counsel, or through electronic mail.”
The impeachment articles consist of four primary charges: misuse of public funds, unexplained wealth, bribery and corruption, and public threats.
Montales said access to the Office of the Senate Secretary on the 6th floor, where the answer will be received and processed, will be “restricted to authorized officials of the Impeachment Court and members of the Vice President’s legal team.”
Once the vice president submits her comment, the prosecution will be given five days to submit its answer.
The vice president or her lawyers can later hold a press briefing at the Senate conference rooms, he said.
The Senate convened as impeachment court on May 11, with Senate President Alan Peter Cayetano as presiding officer and the senators sitting as judges.
Deputy Speaker Paolo Ortega of La Union earlier said prosecutors from the House of Representatives expect the vice president to answer the impeachment complaint.
“We are hoping to receive an answer, not a motion to dismiss,” he said in a statement.
After Duterte files her answer, the House prosecution panel is required to submit its comments within five calendar days.
Ortega said a motion to dismiss or a pleading asking the Senate impeachment court to await the Supreme Court’s decision on pending impeachment-related issues would be a “dilatory tactic” by Duterte and her defense team.
“It will just be a waste of time. We do not think the Senate impeachment court, which has so far acted forthwith on the impeachment case, will allow it,” he said.
Cayetano on Saturday dismissed allegations by the minority group that the majority bloc’s proposed amendment to the Senate rules on remote participation is related to Duterte’s impeachment trial.
He said there was no proposal to amend the impeachment rules, which have been adopted by the Senate when it formally convened as an impeachment court.
Cayetano said the two issues were unrelated, citing the difference in the tense May 26 plenary session, during which the minority group opposed a proposal of Sen. Rodante Marcoleta to amend Senate rules to allow remote participation in sessions.
The Senate aims to start the trial on June 6.
The pre-trial will begin after the vice president’s camp and the prosecutors have submitted their replies to each other’s comments.
Sen. Erwin Tulfo said the pre-trial phase would involve the marking of evidence, submission of statements, and other procedural matters ahead of the formal hearings.
Under a proposed arrangement, Monday, Tuesday and Wednesday Senate sessions will be held in the morning, followed by impeachment hearings in the afternoon and evening.
Tulfo said the sessions will be from 10 a.m. to 1 p.m. After a one-hour break, the trial will resume from 2 p.m. until 11 p.m. or 12 midnight.
Based on the current Senate Rules of Procedure on Impeachment Trials, the senators are first sworn to “political neutrality” to exercise their duty without unfair discrimination and regardless of party affiliation or preference.
The impeached official is then called to answer to each charge in the Articles of Impeachment. He or she may appear in person or send a representative or counsel to plead for him or her, unlike in a criminal case.
If he or she refuses to appear or plead, the impeachment court will continue with trial.
The Senate then hears arguments and witnesses from the prosecution and the defense.
Unlike in court proceedings, where a judge asks questions sparingly, the senator-judges may ask extensively not just a witness but also counsel for either side.
There is no requirement for the impeached official to appear as a witness for himself or herself.
After closing arguments, trial is concluded and the Senate votes. At least two-thirds of all the members of the impeachment court must vote for conviction on any of the articles of impeachment for the impeached official to be convicted.