MANILA – The impeachment trial of Vice President Sara Z. Duterte must continue despite challenges before the Supreme Court to the Senate impeachment court’s revised conviction threshold, unless the high court issues a temporary restraining order (TRO) or injunction, the House prosecution said.

“It’s important to emphasize din at this point that, unless the High Court issues a TRO or an injunction, the proceedings before the impeachment court must continue,” House prosecution legal spokesperson and counsel Benjamin “Jay” Tolosa Jr. said at a press briefing.

The statement came after former Executive Secretary Vic Rodriguez and lawyer Ernesto Francisco separately asked the Supreme Court to intervene in the Senate impeachment court’s Sept. 23 interpretation of how the constitutionally required two-thirds vote for conviction should be computed.

Rodriguez sought to nullify the ruling and secure a TRO, while Francisco filed a petition for certiorari with a plea for a status quo ante order.

The Senate impeachment court voted 13-1, with six senator-judges not participating, to abandon its previous interpretation that conviction automatically required 16 votes.

It instead ruled that the two-thirds requirement would be based on senators legally and factually capable of participating when judgment is rendered.

Despite the pending cases before the Supreme Court, Tolosa said the prosecution remains on track to complete its presentation of evidence by Oct. 9 or, at the latest, Oct. 15.

“Confident, definitely, because as we’ve stated, unless there’s a TRO or injunction issued by the court, dapat magpatuloy itong proseso natin dito sa impeachment court,” Tolosa said when asked about the timetable.

Tolosa also discussed the requirements for securing a TRO, including the need for a petitioner to establish that a clear legal right is being violated.

“At para mag-issue ng TRO, isa sa mga requirements niyan, dapat mapaliwanag na merong clear legal right na being violated,” he said.

He noted that the Constitution provides for a two-thirds vote for conviction but does not expressly specify 16 votes.

“But itong issue doon sa clear legal right, isa sa mga titignan diyan, unang-una ang Constitution nga mismo hindi naman sinasabing 16. Sinasabi diyan two-thirds,” Tolosa said.

Impeachment prosecutor Manila 3rd District Rep. Joel Chua, who joined Tolosa at the briefing, said the prosecution respects the legal remedies being pursued before the Supreme Court and would focus on presenting its evidence while the cases proceed.

“Basta kami po sa prosecution, ang focus namin ay ang pagpresenta ng ebidensya,” Chua said.

The prosecution is currently presenting evidence under Article II of the Articles of Impeachment concerning Duterte’s alleged unexplained wealth, with more witnesses expected when the trial resumes next week.