By Benjamin Cuaresma
MANILA, Philippines — Malacañang on Wednesday opposed proposals to allow detained Senators Rodante Marcoleta and Jinggoy Estrada to participate in the impeachment trial of Vice President Sara Duterte, saying such an arrangement would amount to granting them “special treatment” unavailable to other persons under detention.
Palace Press Officer Claire Castro said permitting the two lawmakers to continue performing their duties as senator-judges while facing separate non-bailable plunder cases could create an undesirable precedent for other detainees seeking to remain active in their respective professions.
“If they are given that privilege, then other employed individuals in detention may also demand the same opportunity to continue working while under custody,” Castro said during a Palace briefing.
She emphasized that any request allowing Marcoleta and Estrada to attend the impeachment proceedings ultimately falls under the jurisdiction of the Sandiganbayan, where both senators are being tried in separate divisions of the anti-graft court.
Castro stressed that even if the Senate decides to accommodate Marcoleta’s request, the anti-graft court retains authority over the detained lawmakers because they remain under its custody.
She also noted that the Sandiganbayan had previously denied Estrada’s petition to participate in the impeachment proceedings while in detention.
According to the Palace official, approving such an arrangement could effectively grant detainees “virtual freedom” by allowing them to continue exercising official functions despite being behind bars.
The issue arose after Marcoleta appealed to fellow senators to find legal means for him and Estrada to attend the impeachment trial and cast their votes on the case against Vice President Duterte.
Earlier, Senate President and impeachment court presiding officer Francis “Chiz” Escudero said he was inclined to consider Marcoleta’s proposal, provided the senator had not been suspended from office.
Meanwhile, Castro dismissed Senate Minority Leader Alan Peter Cayetano’s description of Marcoleta and Estrada as “political prisoners,” saying the statement reflected only his personal opinion and not the findings of the courts.
“If he believes there is political motivation behind the charges, then perhaps he should represent them in court and prove it,” Castro said.
The Sandiganbayan has yet to issue any new ruling on whether the two detained senators may be allowed to participate in the Senate impeachment proceedings, leaving the matter subject to judicial determination.
ia/xf
