Gatchalian: Marcoleta, Estrada should seek Sandiganbayan nod to join impeachment trial

Metro Manila, Philippines – The participation of detained Senators Rodante Marcoleta and Jinggoy Estrada in the impeachment trial is out of the Senate’s hands, Senate President Win Gatchalian said Wednesday, Sept. 9, stopping short of rejecting a request to have their votes counted.

In a chance interview with reporters, Gatchalian repeatedly said Marcoleta and Estrada should seek permission from the anti-graft court Sandiganbayan, which ordered their detention in separate plunder cases.

“Si Senator Marcoleta at Senator Jinggoy nasa kustodiya ngayon ng Sandigan, which is under the jurisdiction of the court, so by process doon sila magpapaalam kung makaka-attend sila ng session, kung makaka-attend sila ng impeachment,” Gatchalian said. 

[Translation: Senator Marcoleta and Senator Jinggoy are currently in the custody of the Sandiganbayan, which is under the jurisdiction of the court. So, as a matter of process, they should seek permission there if they can attend sessions or participate in the impeachment trial.]

Gatchalian said the decision on whether the two senators may participate can only be made by the Sandiganbayan.

Asked if the Senate as a body would appeal on behalf of the two senators, Gatchalian again said, “Sila dapat ang humingi ng permission [They should be the ones to seek permission].”

During the impeachment trial on July 20, Presiding Officer Chiz Escudero said Marcoleta had submitted a letter of manifestation requesting that his vote be considered in determining whether to convict or acquit Vice President Sara Duterte.

The issue was raised again on Day 23 of the trial on Tuesday, September 8, after Senator-judge Erwin Tulfo appealed Escudero’s July 6 ruling that at least 16 senators are needed to convict Duterte, based on the constitutional requirement of a two-thirds vote of all 24 senators. Tulfo said the base may have to be adjusted amid the continued absence of colleagues, including Marcoleta and Estrada. 

Senator-judge Pia Cayetano noted that the Senate, as a legislative body, could appeal to the Sandiganbayan to allow Marcoleta and Estrada to participate in the trial. Escudero said the matter had already been brought up with the Senate in its capacity as a legislative body.

In July, the Sandiganbayan Fifth Division rejected Estrada’s motion seeking permission to attend the impeachment trial. It ruled that granting him temporary leave from detention to participate in the lengthy proceedings would “virtually make him a free man.”