The Senate impeachment trial of Vice President Sara Duterte will press forward even if she decides to step down from her post, a leading House prosecutor asserted.
Batangas 2nd District Representative Gerville Luistro, the lead prosecutor for the House panel, clarified that while resignation addresses the penalty of removal from office, the Senate impeachment court still holds the crucial responsibility of determining whether Duterte should face a lifetime ban from government service.
“We have to remember that there are two principal penalties in case the respondent in an impeachment case is convicted. These two principal penalties are removal and perpetual disqualification,” Luistro said.
“While resignation from office will render moot and academic the penalty of removal, it is my position that we need to continue the trial for the senator-judges to be able to determine whether or not they will impose as well the penalty of perpetual disqualification,” she explained.
Luistro further underscored that the proceedings cannot be stalled by the Vice President’s potential non-participation. Even if Duterte refuses to appear or leaves her defense vacant, the trial will move ahead under existing Senate guidelines.
“Under the Senate rules, even if the vice president would opt not to attend, kahit hindi siya mag-attend, o kahit hindi siya mag-file ng answer, o kahit walang defense team na dumating, trial will still continue,” Luistro noted.
(“Under the Senate rules, even if the vice president would opt not to attend, even if she does not attend, or even if she does not file an answer, or even if no defense team arrives, trial will still continue.”)
“Those instances will only be considered as an entry of a plea of not guilty,” she added.
Following the Senate’s formal convening as an impeachment court last Monday, Luistro expressed firm confidence that the proceedings will run smoothly, pointing out the absence of any temporary restraining order or injunction from the Supreme Court.
The lawmaker emphasized that the constitutional directive to act “forthwith” demands an immediate progression into the actual trial phase, not just the initial assembly of the court.
“What is being mandated to be forthwith is not only the convening,” Luistro explained. “What is being mandated to be forthwith is the trial. And by trial, it means presentation of evidence, presentation of witnesses, which will lead to the decision of the impeachment court of either acquittal or conviction.”
The prosecution panel is currently waiting for the official schedule of the pre-trial and trial proper, which will be set once the preliminary pleadings—including Duterte’s formal answer and the prosecution’s corresponding reply—are submitted.
Meanwhile, fellow impeachment prosecutor and Akbayan Party-list Representative Chel Diokno shared his readiness to present the case before the upper chamber.
“On my end, excited na excited na po ako bumalik sa court, nami-miss ko na ‘yung paglilitis ng kaso. At wala kaming nakikitang sagabal sa trial,” Diokno stated.
(“On my end, I am very excited to go back to court, I miss litigating cases. And we do not see any obstacle to the trial.”)
“The Senate as an impeachment court has already set the pre-trial and the trial of the case, and we will respond accordingly,” he added.