By Benjamin Cuaresma
MANILA, Philippines — The Senate impeachment court will not have to suspend proceedings if Vice President Sara Duterte’s defense team chooses not to appear, Senate President Sherwin Gatchalian said, as the trial prepares to resume Monday.
Gatchalian said the decisive requirement is the presence of a quorum among the senator-judges, regardless of whether Duterte’s lawyers attend the proceedings.
“As long as meron kaming quorum, tuloy ang trial,” Gatchalian said in an ambush interview Thursday.
He was responding to questions about the defense’s possible move to challenge before the Supreme Court the impeachment court’s latest ruling on the number of votes required for conviction.
Asked specifically if the trial could continue without Duterte’s defense, Gatchalian was unequivocal.
“Without the defense, tuloy ang trial,” he said.
He added that the Senate cannot compel the defense to attend—or prevent it from doing so—but the impeachment proceedings have already begun and must proceed toward completion.
The defense, however, has not announced any decision to withdraw from the trial.
Lead defense counsel Sheila Sison told the impeachment court Wednesday that Duterte would continue taking part in the proceedings ad cautelam, or with caution, while preserving her right to pursue available legal remedies over the threshold ruling.
Another defense lawyer, Michael Poa, said bringing the matter before the Supreme Court remained a real possibility, with a temporary restraining order among the options being considered.
Gatchalian acknowledged that the defense could ask the Supreme Court to stop the proceedings temporarily, but said any such intervention would depend entirely on the high court.
“Pwedeng hingin ’yan ng petitioner, humihingi siya ng TRO, pero depende if they grant ’yan,” he said.
The issue arose after the impeachment court on Wednesday discarded its earlier requirement of 16 votes for conviction.
Instead, it ruled that the constitutionally required two-thirds vote would be determined from among senators who are legally and factually capable of taking part when the judgment is rendered.
Duterte’s defense has reserved its right to contest the ruling while continuing to participate in the proceedings.
The resumption of the trial on Monday is also expected to bring Davao City Mayor Sebastian “Baste” Duterte before the impeachment court as a subpoenaed witness.
Gatchalian said he had not yet received confirmation on whether the mayor would appear.
While the impeachment court has contempt powers over witnesses who disregard its subpoenas, Gatchalian said failure to appear would not automatically result in a contempt citation.
“Tingnan muna natin kung anong dahilan. We have to listen… Tingnan natin kung valid ba yung kanilang dahilan,” he said.
“Hindi naman kaagad iko-contempt,” he added.
Meanwhile, the Senate Office of the Sergeant-at-Arms has continued coordinating with other government agencies on security arrangements as the impeachment proceedings move forward.
With the trial set to resume Monday, Gatchalian’s position is that the Senate impeachment court can continue its work as long as it retains a quorum—even if Duterte’s defense ultimately chooses not to participate.
ia/xf
