Senators under Sandiganbayan custody must be the ones to seek permission from the anti-graft court if they intend to attend Senate sessions or the impeachment trial of Vice President Sara Duterte, Senate President Win Gatchalian said Wednesday.

“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 (By process, they are under the jurisdiction of the court, so they have to ask permission from the Sandiganbayan, and the Sandiganbayan will decide whether they can attend sessions and impeachment proceedings),” Gatchalian said in an ambush interview.

Gatchalian was asked whether the Senate would write the Sandiganbayan regarding the possible attendance of detained senator-judges in the impeachment trial.

“Sila dapat ang humingi ng permission. In the past, ganun ang nangyayari (They should be the ones to ask permission. In the past, that was what happened),” he said.

He said the matter would have to follow court process since Senators Rodante Marcoleta and Jinggoy Estrada are under Sandiganbayan custody.

Meanwhile, Sen. Joseph Victor “JV” Ejercito said the participation issue has raised valid concerns, particularly on whether detained senator-judges may be allowed to vote if they were unable to take part in the full impeachment proceedings.

“Valid naman yung ni-raise nila… kasi kung papayagang mag-voting (What they raised is valid… because if they will be allowed to vote), they were not part of the whole impeachment hearings. So yun yung mga puntos na mayroon namang, may mga valid points din naman (Those are issues that have bearing, they also have valid points),” Ejercito said.

Ejercito said the impeachment court would hear all sides and weigh the issue together with other legal questions when senator-judges deliberate on Sept. 23.

“Siyempre, pinakikinggan naman natin (Of course, we will listen). That’s democracy. You have to hear both sides, hear all, kailangan both sides marinig lahat ng panig (oyu have to hear both sides, all sides must be heard),” he said.

He said inputs from legal experts and amici curiae (friends of the court) would help senator-judges avoid being “misled” on the constitutional and procedural questions before the court.

Gatchalian earlier said the Senate is looking at inviting three to five amici curiae, preferably retired Supreme Court justices and other legal luminaries, to give their views on the trial’s threshold and related issues. (PNA)