By Benjamin Cuaresma
MANILA, Philippines — Senator Erwin Tulfo on Thursday said any request allowing detained Senators Rodante Marcoleta and Jinggoy Estrada to participate in Vice President Sara Duterte’s impeachment trial must first be approved by the Sandiganbayan, stressing that the anti-graft court has jurisdiction over the two lawmakers while they remain under detention.
Tulfo made the statement after Marcoleta appealed to fellow senators to explore ways for him and Estrada to take part in the impeachment proceedings despite their continued detention on separate non-bailable plunder charges.
“We will definitely discuss that. After all, they are still senators, right?” Tulfo told reporters.
However, he emphasized that the Senate cannot unilaterally grant such a request.
“But the request should not be made to us. It should be made to the Sandiganbayan. If they are allowed, then why not?” he said.
Marcoleta, through a manifestation filed before the Senate earlier this week, urged his colleagues to find a legal mechanism that would enable both him and Estrada—members of the minority bloc—to perform their constitutional duties as senator-judges in Duterte’s impeachment trial.
The two lawmakers are currently detained while facing separate plunder cases before the Sandiganbayan.
Despite their detention, Tulfo maintained that Marcoleta and Estrada continue to hold their elected positions unless they are convicted with finality.
“If the trial is still ongoing, then as they say, one is innocent until proven guilty,” he said.
The senator, however, declined to speculate on whether the Sandiganbayan would grant such a request, saying the matter rests solely with the anti-graft court.
He also said senators are expected to discuss the issue during a caucus, where both the majority and minority blocs would have to reach a common position should the matter formally reach the Senate impeachment court.
The issue has gained renewed attention after the Sandiganbayan’s Fifth Division earlier denied Estrada’s previous motion seeking permission to personally attend the impeachment proceedings, citing the conditions of his detention while his plunder case remains pending.
The latest development highlights the legal and constitutional questions surrounding the participation of detained legislators in impeachment proceedings, with the Sandiganbayan’s eventual ruling expected to determine whether Marcoleta and Estrada can exercise their roles as senator-judges while facing criminal prosecution.
ia/xf
