Gatchalian: Up to court if Marcoleta, Estrada can join impeachment trial

Senators Jinggoy Estrada (left) and Rodante Marcoleta. Photos by Inquirer MANILA, Philippines—Senate President Sherwin Gatchalian said Wednesday that the decision on whether to allow jailed senators to participate in the impeachment trial and the chamber’s regular sessions is up to the court, which has custody over them. “Sen. [Rodante] Marcoleta and Sen. Jinggoy [Estrada] are currently in the custody of the Sandiganbayan, which has jurisdiction over them. So by process, they would have to seek permission from the court to determine whether they can attend a session or participate in the impeachment trial,” Gatchalian said in an interview at the Senate. Marcoleta and Estrada have been detained in a Quezon City jail over a non-bailable plunder case. Article continues after this advertisement Marcoleta’s case stemmed from allegations that he received a P75-million campaign donation for his 2025 senatorial bid, while Estrada’s case was related to his alleged involvement in the flood control controversy. “It was the same in the past. When there were senators who were detained, that was also the process that was followed,” Gatchalian said. He then stressed that such a request must be directed to the court. Pressed on whether the Senate could request the anti-graft court, the Senate leader answered: “They should be the ones to ask for permission.” “In the past, that was the process. They would seek permission from the court because they were under the court’s jurisdiction. So it would be up to the court to decide whether there was sufficient justification for them to attend a session or participate in the impeachment trial,” he added. Article continues after this advertisement This issue was raised anew during the impeachment trial of Vice President Sara Duterte on Tuesday when Sen. Erwin Tulfo appealed the July 6 ruling of Presiding Officer and Sen. Francis Escudero that two-thirds, or at least 16 of the 24 elected senators, are required to convict an impeachable officer. READ: Escudero maintains: 16 votes needed to convict Sara Duterte Article continues after this advertisement Sen. Pia Cayetano recalled that there was a request for the Senate, as a legislative body, to appeal to the Sandiganbayan to allow Marcoleta and Estrada to participate in the proceedings. “I don’t think we have an issue as to who has jurisdiction. It really is the Sandiganbayan. But the Senate can still take the position that the Constitution says all members shall vote,” Cayetano said. “So therefore, how do they vote?” she asked. “Hopefully, they can attend and cast their votes.” Your subscription could not be saved. Please try again. Your subscription has been successful. The Senate is expected to settle Tulfo’s appeal next week with the help of amici curiae, or friends of the court. /mcm