House Minority Leader 4Ps Party-list Rep. Marcelino Libanan, the lead prosecutor in Vice President Sara Duterte's impeachment trial, is seeking the Senate's formal response regarding their Motion for Writ of Summons following Senate President Francis "Chiz" Escudero's rejection of their move.

Libanan said they would do so in the interest of transparency and due process.

"We will await his formal written communication to the House panel so we can thoroughly study his legal reasoning and assess our next steps," said Libanan, who nonetheless added that he still respects Escudero's decision.

According to him, House prosecutors filed a Motion for Writ of Summons as a necessary procedural move and not as an act of defiance.

It was an effort to break the political and procedural impasse that has stalled the impeachment process, he said.

“We filed the motion in good faith. It is grounded on the Constitution and the Senate’s own Rules of Impeachment, particularly Senate Resolution No. 39,” Libanan said.

Their motion urged the Senate President to issue the writ and formally summon Vice President Duterte to answer the articles of impeachment filed on Feb. 5, 2025. 

According to Libanan, this step is constitutionally mandated, as Article XI, Section 3(4) of the Constitution provides that the Senate shall “forthwith proceed to trial” upon receipt of a verified complaint endorsed by at least one-third of House members.

“When SP (Senate President) Chiz himself publicly stated that all preparatory steps could already begin, we acted on that cue. The issuance of a writ of summons is among the first preparatory steps in any impeachment trial," he added.

In filing the motion, Libanan argued there was no requirement for the Senate to be in legislative session before it can convene as an impeachment court.
The rules are clear that senators simply need to take their oath as judges, and the process can begin, he added.

He said that the motion does not violate any existing laws or Supreme Court (SC) rulings.

“There is no temporary restraining order issued against us. There is no legal barrier preventing the Senate from issuing a summons or starting the trial. The Supreme Court has not stopped the process. We acted well within the bounds of the law,” he said.

He added that the impeachment case and pending petitions before the SC, including those filed by the Vice President’s allies, rely heavily on technicalities to delay proceedings.

“Instead of answering the serious allegations—such as the misuse of confidential funds and grave abuse of power—the Vice President is choosing to hide behind legal technicalities. This motion aims to push past that and compel accountability,” he said.

Depending on the content of the Senate's official communication, he said, the House panel will weigh its legal remedies, including the possibility of filing a motion for reconsideration or elevating the issue to the Supreme Court for constitutional clarification.

"This is a historic test of our institutions and of our commitment to the rule of law. We are determined to see this through—not out of political motivation, but out of our solemn constitutional duty," he said.

"Our constituents are demanding answers. It’s been nearly two months since the articles were filed. We cannot allow this to be buried under inaction or technical delay," he added.