VP Sara told: Absence in impeach hearings means waiving defense

MANILA, Philippines — Failure to appear in impeachment clarificatory hearings will be tantamount to a waiver to refute all the allegations, a ranking lawmaker in the House of Representatives reminded Vice President Sara Duterte.

Rep. Jonathan Keith Flores, vice chairman of the committee on justice led by Rep. Gerville Luistro, said yes when asked in an interview over Bilyonaryo News Channel if non-appearance of the respondent would mean a waiver of the right to appear. 

“As long as they were given the opportunity to be heard and they did not avail (themselves) of that opportunity,” he said, noting that due process hinges on whether the respondent was given the opportunity to be heard, not on whether that opportunity was actually used.

That legal position goes to the center of the debate now surrounding House proceedings, especially after Duterte’s camp skipped the hearing while continuing to challenge the legitimacy of the process outside the committee room. The next hearing is scheduled on April 14.

Another justice committee member, Rep. Zia Alonto Adiong, warned Duterte’s camp that they cannot invoke a Supreme Court ruling on due process when it suits them, then turn around and dismiss the House proceedings as a “kangaroo court” once lawmakers begin adhering to that same ruling.

Adiong said the current hearings are being conducted precisely to comply with the high court’s directive that due process be observed in impeachment proceedings. “In fact, if you remember when the SC came out with the decision, the first impeachment complaint (in 2025), citing it as unconstitutional, and the SC also added some other procedures to the rules or procedures of the House,” the House assistant majority leader recalled vividly.

“Meaning, as this was penned by Justice Marvic Leonen, the House should be conscious about observing due process to be given to the respondent. And that is exactly what we are doing right now,” Adiong stressed.

He said the House is no longer moving straight to plenary as it is now extending the due process that Duterte’s camp had invoked before the high tribunal.