Citing jurisprudence on a past impeachment case, House Committee on Justice Chairperson Batangas 2nd district Rep. Gerville "Jinky Bitrics" Luistro said that Vice President Sara Duterte's non-participation in her own impeachment proceedings could be interpreted as "culpable violation of the Constitution".

Luistro had this to say Wednesday, March 25 during the first day of the "hearings proper" stage of Duterte’s impeachment, which the justice committee carried out.

"We recall the words of Justice Antonio Tijam in the previous impeachment against [Supreme Court] Chief Justice Maria Lourdes Sereno: 'Failure to participate in the hearings before the Committee on Justice is tantamount to culpable violation of the Constitution,'" Luistro said.

The panel chairperson was alluding to Duterte’s absence in the hearing, despite being sent a formal invitation a few days beforehand.

"Ang tanong ngayon, maaari rin ba nating sabihin ito sa Bise Presidente? (The question is, can we say this about the Vice President?)"

"Let us remember: the Vice President took the same oath [as Sereno]. 'I do solemnly swear that I will faithfully and conscientiously fulfill my duties, preserve and defend the Constitution, execute its laws, do justice to every man, and consecrate myself to the service of the nation,'" Luistro said.

Tijam penned the May 2018 main decision that removed Sereno as chief magistrate via quo warranto petition.

“The Vice President has been invited to participate… She is, apparently, ready to face the accusations and defend herself at length. And yet—it appears she will not even participate,” Luistro said.

The Committee’s task at this stage is to determine whether probable cause exists to elevate the case to the Senate for a full-blown impeachment trial.

“Ang inaasahan ng taumbayan, hindi pag-iwas—kundi pagharap. Hindi katahimikan—kundi pananagutan (What the people expect is not avoidance—but confrontation. Not silence—but accountability)," said the Batangueña.

Despite the Vice President’s absence, the justice panel proceeded with the hearing. “Regardless of the participation of the Vice President… this Committee will proceed. We will do our duty—with resolve, without hesitation, and without delay."

The impeachment case centers on a range of serious allegations, including the misuse of P612.5 million worth of confidential funds, violations of statement of assets, liabilities, and net worth (SALN) requirements, accumulation of unexplained wealth, a death threat against the President, and disregard of constitutional safeguards.

“These are not trivial matters...They go to the very heart of public trust,” Luistro said.

The committee went on to approve its ground rules for the impeachment proceedings. The rules provide that the committee will operate with a quorum of one-fifth of its membership, with ex officio members granted both voice and vote.

During deliberations, lawmakers raised concerns about safeguarding the constitutional right to counsel while maintaining order in the proceedings.

“The right to counsel is assured by the Constitution. The Vice President can send her counsels here to appear for her,” Cagayan de Oro City 2nd district Rep. Rufus Rodriguez said in a manifestation.

However, Baguio City lone district Rep. Mauricio Domogan, a committee vice chairman, stressed the need for the respondent’s personal appearance when presenting evidence.

“She must be present because who will answer clarificatory questions? The counsel are not witnesses in this particular case,” Domogan said.

To address potential legal challenges, Akbayan Party-list Rep. Chel Diokno moved to clarify the limits of counsel participation, and specified that lawyers may assist clients, submit questions to the chair, and file appropriate manifestations or memoranda.

“That way, there can be no issue as to, no one can argue that the counsel, the right to counsel is being denied by the committee,” Diokno said. The motion was later carried by the panel.