Amid the possibility that Vice President Sara Duterte may skip her impeachment trial at the Senate, House Lead Public Prosecutor Gerville Luistro said the proceedings would continue as mandated by the Constitution.

Under the Senate Rules on Impeachment, Luistro said the Vice President’s absence — or that of her defense team — would result in an automatic not guilty plea being entered on her behalf.

“Even if the Vice President does not appear, even if she does not file an answer, even if her defense lawyers do not show up, the trial will still proceed,” she said.

Luistro noted that Duterte previously skipped hearings before the House Committee on Justice, which tackled four impeachment complaints against her for sufficiency in form, substance and probable cause. The Vice President’s camp had argued then that the House was not the proper forum for answering the complaints.

Luistro said that refusing to attend the Senate proceedings could weaken Duterte’s defense, as the evidence presented by the prosecutors would be unrebutted.

“I believe it would be disadvantageous for her if she does not present her evidence, because evidence has already been presented by the complaint,” Luistro said.

Still, Luistro stressed that any verdict would rest solely on the 24 senator-judges, and Duterte’s absence would not automatically lead to a conviction.

However, she warned that if only the prosecution evidence was presented, the threshold for conviction could be lower.