Vice President Sara Duterte is not required to personally appear before the Senate impeachment court, Senator-judge Francis “Chiz” Escudero clarified Tuesday, as proceedings entered the second day of trial.

The issue surfaced at the opening of the session after private prosecutor Atty. Lorna Kapunan asked whether Duterte intended to attend the hearing in person.

“If the Vice President is in the premises, does she intend to appear personally before the impeachment court?” Kapunan asked, noting that the prosecution may seek her presence as a witness.

^{Atty. Lorna Kapunan at the second day of the impeachment trial. Photo from the Senate of the Philippines.}

Earlier in the day, Duterte was seen at the Senate meeting with her defense team but did not attend the impeachment proceedings, remaining only to confer with her lawyers.

Kapunan said Duterte could be considered a “hostile witness” and indicated that prosecutors were preparing a written request to compel her appearance in relation to Article I of the Articles of Impeachment, which involves allegations of grave threats.

“One of the key witnesses, though a hostile witness, would be the Vice President. Therefore, if we can inquire if it is her intention to appear in the premises of the Senate … we will file a written request for her presence,” she said.

Escudero responded that Duterte’s attendance is not mandatory, as she is already represented by her legal counsel.

“Whether she is in the building earlier or arrived after, it is totally up to the respondent because she is represented through her counsel,” Escudero said.

He added that the court would act on any formal motion from the prosecution seeking Duterte’s appearance.

“Should the counsel for the prosecutors desire to call the respondent herself, the court will act on the motion once made or filed,” he said.

Kapunan said the prosecution raised the matter to clarify its options as it weighs seeking Duterte’s attendance in connection with the case.