MANILA – House prosecutor and Akbayan Party-list Rep. Jose Manuel “Chel” Diokno on Monday said Vice President Sara Duterte should personally explain before the Senate impeachment court the allegations that she threatened the country’s top officials.

Speaking during a press briefing at the House of Representatives, Diokno said it would be up to Duterte and her legal team to decide whether she would take the witness stand.

“That’s the call of her lawyers and herself,” Diokno said when asked whether Duterte should testify on allegations that she threatened President Ferdinand R. Marcos Jr., First Lady Liza Araneta-Marcos, and former Speaker Ferdinand Martin G. Romualdez.

“However, I think that for the court to have a full appreciation of what she is claiming, then the court, I think, would benefit from hearing her explain personally why she said those things that we all saw,” he added.

Diokno said the prosecution panel is prepared to cross-examine Duterte if she decides to testify.

He also noted that the Vice President did not attend the House Committee on Justice hearings on the impeachment complaints despite being invited.

“Ito na ang pagkakataon niya na ipaliwanag ’yung kanyang mga depensa at ’yung mga sinasabi nga niya sa media pa lang so far (This is her opportunity to explain her defense and her statements to media so far),” he said.

Article IV of the Articles of Impeachment accuses Duterte of contracting an assassin, making grave threats against the country’s top officials, and inciting to sedition.

While Duterte has invoked freedom of expression in response to the allegations, Diokno said he disagrees with that position.

“Freedom of speech is not absolute. There are limits to freedom of speech,” he said.

Diokno added that the prosecution would present its arguments before the impeachment court.

“We will leave it to the impeachment court to resolve the arguments made by the Vice President. We are very, very ready to respond in the proper forum,” he said.

House impeachment prosecutor Leila de Lima of the Mamamayang Liberal Party-list likewise said the prosecution disagrees with Duterte’s defense but would address the matter during the impeachment proceedings.

“I’m afraid that we cannot really dwell on that as extensively as we would, because that’s already touching on the merits as part of the defense of the Vice President,” De Lima said.

“We, of course, espouse the contrary view, but we’d rather that we articulate on this in due time before the impeachment court,” she added.

Meanwhile, private prosecutor Benjamin “Jay” Tolosa Jr. said the impeachment rules require not only the filing of an answer but also the respondent’s appearance before the Senate impeachment court.

He said Duterte has already complied with the requirement to file her answer, but the impeachment court has yet to direct her to personally appear.

“And just to clarify, under the rules, it’s expressly stated there that the impeachment court shall require the respondent to both file an answer and appear in court,” Tolosa said.

“So far, in the issuances of the impeachment court, that second part, requiring her to appear, has not been done. So, we will wait for the impeachment court when it will find it appropriate to require her to do so,” he added.

Aside from the allegations under Article IV, Duterte also faces accusations of misuse of confidential funds, bribery involving Department of Education personnel, and unexplained wealth. The Senate impeachment trial is scheduled to begin on July 6.