MANILA – The Senate impeachment court can continue the trial of Vice President Sara Duterte even without her defense team, as long as a quorum is present, Senate President Sherwin Gatchalian said.

Gatchalian made the clarification ahead of Monday’s resumption of the impeachment proceedings, as Duterte’s defense considers asking the Supreme Court to review the impeachment court’s new formula for determining the 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 if the proceedings could continue without the defense, he said: “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 has not indicated that it plans 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 pursue available legal remedies following the ruling on the conviction threshold.

Defense counsel Michael Poa later said bringing the issue before the Supreme Court was a “real possibility,” with a temporary restraining order among the options being considered.

Gatchalian said the defense could ask the high court to issue a TRO, but stressed that granting such relief would be up to the Supreme 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 overturned its earlier fixed 16-vote requirement and ruled that the constitutional two-thirds threshold would instead be computed based on senators who are legally and factually capable of participating when judgment is rendered.

Meanwhile, House prosecutors welcomed the ruling. House lead prosecutor Batangas Rep. Gerville “Jinky Bitrics” Luistro said the court exercised due process and caution before settling the disputed threshold.

“We welcome the development yesterday. Sa wakas, nagkaroon na ng kaliwanagan itong matagal nang subject matter ng diskusyon ng sambayanang Pilipino concerning the threshold vote,” Luistro said.

“I believe that the Honorable Impeachment Court exhausted all the necessary due process, all the necessary caution before they arrive at the proper interpretation of threshold vote,” she added.

House Human Rights Committee chairperson Manila Rep. Bienvenido “Benny” Abante Jr., an endorser of one of the impeachment complaints, also praised the senator-judges.

“Ako po ay nagpapasalamat sa prudence, nagpapasalamat ako sa integrity ng Impeachment Court, ng ating senator-judges,” Abante said.

The impeachment court voted 13-1 Wednesday, with six senator-judges not participating, to overturn its earlier interpretation that conviction required 16 votes based on the full 24-member Senate.

Under the new ruling, senators who are detained, suspended or otherwise legally constrained, physically incapacitated, in hiding, beyond the Senate’s coercive power, or similarly situated may be excluded from the voting base, subject to sufficient evidence at the time of the vote.

Luistro said the ruling did not establish a new fixed number of votes required for conviction, as the threshold would depend on the number of senator-judges eligible to participate when judgment is rendered.

The court is set to resume the trial Monday. Davao City Mayor Sebastian “Baste” Duterte is among the subpoenaed witnesses expected to appear.

Gatchalian said he had yet to receive information on whether the mayor would attend, adding that the impeachment court has contempt powers over subpoenaed witnesses but would first consider the reason for any absence.

“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 also said the Senate Office of the Sergeant-at-Arms has continued coordinating with other government agencies on security preparations since the impeachment proceedings began. (With info from PNA)