Batangas 2nd district Rep. Gerville “Jinky Bitrics” Luistro sees no problem with Acting Senate President Sherwin Gatchalian presiding over the impeachment trial of Vice President Sara Duterte, even if he's not a lawyer.

Luistro, the lead House prosecutor in the upcoming trial, expressed confidence in Gatchalian's capability to preside over a trial of such magnitude at the Senate during a radio interview Friday, June 5.

The lawyer-congresswoman says she believes Gatchalian has the discipline and diligence to study the rules and preside over the impeachment court, even as she acknowledged that the Senate has another option if he chooses not to do so.

“Naniniwala ako kay acting SP Win Gatchalian (I believe in acting SP Win Gatchalian). He has been very diligent as far as his legislative works are concerned,” Luistro said.

She defended Gatchalian for doubters over his lack of a law degree, and said that his discipline in preparing for legislative work would go a long way.

“At nag-aaral ‘yan. Kasi nung bumibisita ako sa opisina niya, pati whiteboard niya punong-puno ng mga lecture (He has been studying. Because when I visited his office, his whiteboard was full of lectures),” Luistro recalled.

The lead prosecutor said she had seen enough of Gatchalian’s working style to believe he can study the impeachment rules, understand the proceedings and discharge the responsibilities of presiding officer with seriousness.

“And I think we are able to observe that in as far as the way he discharges his function in the committees and even in the plenary. Talagang (He's really) ery studious, very diligent and very hardworking,” she explained.

“Naniniwala ako, hindi man siya lawyer, kaya niyang aralin at panindigan ang pagiging presiding officer,” Luistro stressed.

At the same time, Luistro said the Senate had already amended a significant portion of its impeachment rules, giving the chamber flexibility to designate a presiding officer except in cases involving the impeachment of the President.

“Now in the event na hindi siya comfortable dito (that he's not comfortable with this), I remember that when he assumed and he was elected as Senate President Pro Tempore, as well as the election of the other chairmanship of the committees, they changed significant part of the rules on impeachment and that is by giving power to the Senate to designate a presiding officer except in cases of impeachment against the President,” she said.

“So ang maliwanag, may option si acting SP Win (What's clear is that acting SP Win has options). He can proceed to presiding over the impeachment court after he takes an oath. And the second option is the Senate can actually designate or elect a presiding officer to preside in the impeachment trial. ‘Yan ang dalawang options niya (Those are his two options),” Luistro added.

According to the Batangueña, only a temporary restraining order (TRO) from the Supreme Court (SC) can stop the conduct of the impeachment trial under the new Senate leadership.

Luistro said the prosecution panel remained focused on the trial schedule and the formal steps required of the House prosecutors, with the deadline for pre-trial submissions and the pre-trial conference now fast approaching.

“Definitely anyone can go to the [SC] at ang petition nila, kagaya sa impeachment, puwede may prayer din for issuance of TRO (and their petition, like during the impeachment, could also have a prayer for the issuance of TRO). No one can stop that,” Luistro said.

“Pero hangga’t walang TRO na na-i-issue against the new leadership, I think they can proceed. First, may basis (But unless a TRO is issued against the new leadership. First, there's basis),” Luistro stated.

Luistro pointed out that the new Senate leadership had already been recognized by the House of Representatives and the Executive, giving the prosecution panel an institutional basis to continue preparing for trial under Acting Senate President Gatchalian.