By Wilnard Bacelonia
MANILA – Unless restrained by the Supreme Court (SC), the Senate impeachment court can continue the trial of Vice President Sara Duterte as long as it has a quorum, even without the defense present, Senate President Sherwin Gatchalian said Thursday.
Gatchalian made the clarification ahead of Monday’s resumption of the trial, as Duterte’s defense considers challenging before the SC the impeachment court’s new formula for determining the number of votes needed for conviction.
“As long as meron kaming quorum, tuloy ang trial (As long as we have a quorum, the trial will proceed),” Gatchalian said in an ambush interview.
Asked whether proceedings could continue without the defense, he replied: “Without the defense, tuloy ang trial (the trial will proceed).”
“Hindi naman namin sila mapipigilan kung mag-a-attend sila o hindi. But, nag-umpisa na ang trial (we cannot force them to attend or not. But the trial has already started) so we need to finish this,” he added.
The defense, however, has not indicated that it intends to stop participating in the proceedings.
Lead defense counsel Sheila Sison told the impeachment court Wednesday that Duterte would continue participating ad cautelam, or with caution, while reserving her right to exhaust available legal remedies following the court’s ruling on the conviction threshold.
Defense counsel Michael Poa later said bringing the issue before the SC is a “real possibility” and that seeking a temporary restraining order is among the options being considered.
Asked Thursday whether the SC could restrain the impeachment court, Gatchalian acknowledged that a petitioner could seek such relief but stressed that granting it would be up to the high court.
“Pwedeng hingin ‘yan ng petitioner, humihingi siya ng TRO, pero depende if they grant ‘yan (A petitioner can ask for that, seek a TRO, but it depends if they grant it). So, that’s in the realm of possibility,” he said.
The impeachment court on Wednesday abandoned its earlier fixed 16-vote requirement and ruled that the constitutional two-thirds threshold would be computed based on senators legally and factually capable of participating when judgment is rendered.
The defense has reserved the right to question that ruling while continuing to participate in the trial.
Meanwhile, Davao City Mayor Sebastian “Baste” Duterte is among the subpoenaed witnesses expected to appear when proceedings resume Monday.
Gatchalian said he has yet to receive information on whether the mayor would appear.
He said the impeachment court has contempt powers over subpoenaed witnesses but clarified that absence would not automatically result in sanctions.
“Tingnan muna natin kung anong dahilan. We have to listen… Tingnan natin kung valid ba yung kanilang dahilan (Let us first see what the reason is. We have to listen… Let us see whether their reason is valid),” Gatchalian said.
“Hindi naman kaagad iko-contempt (They will not immediately be cited for contempt),” he added.
Gatchalian said the Senate Office of the Sergeant-at-Arms has also been continuously coordinating with other government agencies on security preparations since the impeachment proceedings began.
