Former Associate Justice Antonio Carpio that the impeachment trial against Vice President Sara Duterte will continue even if she doesn't answer the summons issued by the Senate impeachment court.
In a radio interview Sunday, Carpio said: "If she doesn't file her answer, her right to submit an answer will be waived. It will not stop the proceedings. She can still present evidence, but she'll lose the right to file an answer."
On June 10, the Senate impeachment court had given the vice president 10 days to answer the summons.
Carpio also agreed with Senate impeachment court spokesperson Regie Tongol's statement on Wednesday, saying that the proceedings against the vice president will continue even if Duterte does not comply with the summons. He said that it is up to the Senate of the 20th Congress to allow Duterte to present evidence past the set deadline.
"It's up to the next Senate whether to allow her to present evidence or not. But that is the consequence if you are in default," Carpio explained.
Carpio believes that Duterte's camp will comply with the writ of summons.
“I think she will file an answer. They will have to file an answer. Otherwise, that would be prejudicial to their client. I don't see them not filing an answer,” Carpio added.
Former Senate President Franklin Drilon also said that he believed that Duterte's impeachment will be judged based on the evidence presented by the prosecution if the vice president's camp fails to provide their response to the summons.
"If the VP does not honor the Senate summons to answer, she can be declared in default and the trial can proceed. She will not be allowed to present evidence, and a judgement can be rendered on the basis alone of the evidence presented by the prosecutors," Drilon said.
Duterte was impeached by the House of Representatives on February 5 on charges of culpable violation of the Constitution, betrayal of public trust, graft and corruption, and other high crimes. The Senate, convening as an impeachment court, remanded the impeachment motion back to the House of Representatives on June 10 over alleged violation of the Constitution prior to the closing of the 19th Congress. Velle White/DMS