Bohol Tribune
Vox populi

VOX POPULI

By: Ardy Araneta Batoy

This edition of VOX POPULI is featuring the netizens’ reactions, responses and comments to the question posted on the FB wall of the Managing Editor of The Bohol Tribune.

The question is: Para kanimo, kinahanglan ba gyud nga muatubang, face to face, si VP Sarah Duterte sa impeachment trial?” (If you were to be asked, does Vice President Sara Duterte really need to face the impeachment trial in person?)

  The responses from the netizens were:  

Impeachment is fundamentally different from an ordinary criminal trial. An impeachment proceeding is not a criminal prosecution.

Article XI, Section 3(6) of the 1987 Constitution gives the Senate the sole power to try and decide all cases of impeachment. The Senate is therefore exercising a special constitutional and political function, rather than acting as an ordinary trial court determining criminal liability.

This distinction is important because the constitutional rules governing criminal prosecutions should not automatically be transplanted into an impeachment proceeding.

The UP College of Law Impeachment Primer expressly states:

In an impeachment trial, the impeached official may appear in person or send a representative or counsel to plead for her, unlike in a criminal case. If she refuses to appear or plead, the Senate continues the trial as if she pleaded “not guilty.”

The Senate’s own impeachment rules do not require her physical presence.

Under Rule IX of the Senate Rules of Procedure on Impeachment Trials, when the respondent is called to answer the Articles of Impeachment: if she appears personally, her appearance is recorded; if another person appears for her, such as an agent or attorney, that appearance is likewise recorded; and if neither she nor her representative appears, that fact is simply recorded.

The rule does not say that the respondent’s personal physical attendance is a prerequisite for the trial to proceed.

More importantly, Rule XIII expressly provides for counsel to appear and be heard on behalf of the parties.

 This is consistent with what happened when the trial actually commenced in July 2026: Vice President Duterte did not personally attend the opening of the trial, but her lawyers appeared on her behalf. The Senate proceeded with the trial.

The Senate’s presiding officer, Senator Francis Escudero, subsequently clarified that the Senate impeachment rules do not require the Vice President’s personal attendance and permit participation through counsel.

Aside from netizens giving their comments, the following also expressed their reaction of “LIKE” to the statement:

Lopez Paul Carl, Madelone Rengel, Elvie AraSol, Elmer Gatab, Manuel Iyog, Bobsie Rubillar Uy, Riza P. Manigque, Jeconias Ursos, Pauline Lim-Ramos, Mindap Araneta, Juvy Lasyone, Raul Gatal, Dominic Veloso, Mayongski Merca, Normandie Jr Damo Ines, Adnan Villaluna Alonto, Chavez B. Nenita, Ellen Simbajon, Elaine Chatto Galido, Bubuy Dalagan, Julius Buñol Agilles, Honey Ann Lee.

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