By Benjamin Cuaresma
MANILA, Philippines — Senator Rodante Marcoleta has appealed to the Senate to establish a legal arrangement that would allow both him and detained Senator Jinggoy Estrada to take part in the impeachment trial of Vice President Sara Duterte, insisting that their pending criminal cases do not extinguish their constitutional responsibilities as senator-judges.
Marcoleta appealed on Tuesday after attending a pretrial hearing before the Sandiganbayan’s Third Division, where he is facing a plunder case.
The senator disclosed that he had filed a formal manifestation before the Senate, outlining the legal grounds for allowing both him and Estrada to participate in the impeachment proceedings despite their legal troubles.
He argued that being under detention or facing prosecution does not alter his status as one of the country’s 24 elected senators tasked with deciding whether the Vice President should be acquitted or convicted.
Marcoleta and Estrada, both members of the Senate minority bloc and considered political allies of Vice President Duterte, are separately facing plunder charges before the anti-graft court.
The issue surfaced after Senate President and impeachment court presiding officer Francis Escudero confirmed that he had received Marcoleta’s manifestation seeking recognition of his participation and eventual vote in the impeachment trial. Escudero earlier indicated he was inclined to consider the request, provided Marcoleta is not placed under preventive suspension.
However, the Sandiganbayan has since directed Marcoleta to explain why he should not be preventively suspended from office under the provisions of the Anti-Plunder Act, which authorizes the suspension of incumbent public officials while plunder cases are pending.
Estrada faces a similar legal obstacle. The Sandiganbayan’s Fifth Division has already denied his motion seeking permission to participate in the impeachment proceedings, ruling that his criminal case will proceed without granting his request.
Whether the Senate will ultimately accommodate Marcoleta’s appeal remains uncertain, with the impeachment court continuing to hear the charges against Vice President Sara Duterte while questions persist over the participation of senators facing criminal prosecution.
ia/xf
