Senate President Win Gatchalian stated Wednesday that senators currently held in Sandiganbayan custody must personally petition the anti-graft court to attend Senate sessions and participate in Vice President Sara Duterte’s impeachment trial.
In an ambush interview, Gatchalian noted that the court holds jurisdiction over the detained lawmakers, requiring them to follow formal judicial channels rather than relying on Senate intervention.
“By process, nasa jurisdiction na sila ng korte so they have to ask permission from the Sandigan and the Sandigan na magde-decide kung pwede sila mag-attend ng session at pwede sila mag-attend ng impeachment,” Gatchalian said.
“Sila dapat ang humingi ng permission. In the past, ganun ang nangnangyari,” he added.
Gatchalian emphasized that strict court procedures apply to Senators Rodante Marcoleta and Jinggoy Estrada due to their status under Sandiganbayan custody.
Meanwhile, Senate Deputy Majority Leader JV Ejercito—Estrada’s estranged half-brother—addressed concerns regarding whether detained senator-judges should vote if they miss portions of the trial.
“Valid naman yung ni-raise nila… kasi kung papayagang mag-voting, they were not part of the whole impeachment hearings. So yun yung mga puntos na mayroom namang, may mga valid points din naman,” Ejercito remarked.
“Siyempre, pinakikinggan naman natin. That’s democracy. You have to hear both sides, hear all, kailangan both sides marinig lahat ng panig,” he said, adding that the impeachment court will evaluate all legal perspectives during internal deliberations scheduled for September 23.
Ejercito noted that legal experts and amici curiae (“friends of the court”) could help guide senator-judges through constitutional and procedural questions.
Gatchalian previously revealed that the Senate is considering inviting three to five prominent legal figures, including retired Supreme Court justices, to serve as independent resource persons during the trial.