Court to Decide Attendance of Detained Senators in Impeachment Trial

Senate President Sherwin Gatchalian on Wednesday said detained senators Rodante Marcoleta and Jinggoy Estrada would have to seek permission from the Sandiganbayan to attend Senate sessions, including the impeachment trial of Vice President Sara Duterte. In an interview with reporters, Gatchalian said both senators are in the custody of the courts. "By process, they will have to ask permission there if they can attend the session or the impeachment. In the past, it was like that,” Gatchalian said. Asked if he would write to the Sandiganbayan, Gatchalian said the senators themselves would have to ask for permission. “So, the court will decide if there is justification for them to attend even a session or the impeachment,” Gatchalian said. Estrada and Marcoleta are currently detained over plunder charges. Marcoleta has reportedly written to Gatchalian and impeachment presiding officer Sen. Francis “Chiz” Escudero, saying there was no impairment to his capacity to serve as a senator-judge. Estrada, however, has already petitioned the Sandiganbayan to allow him to attend the impeachment trial. The anti-graft court denied the plea for lack of merit. In July, Marcoleta also publicly asked the Senate to find ways to allow him and Estrada to participate in the impeachment trial. Marcoleta’s request was again raised when the Senate impeachment court discussed the voting threshold for convicting Duterte. With four senators unable to attend the impeachment proceedings, questions were raised over how many votes would be needed to convict her. The Senate impeachment court is set to consult legal experts on the matter through amici curiae. Aside from Estrada and Marcoleta, Sen. Dela Rosa has also been unable to attend the proceedings as he remains in hiding amid an ICC arrest warrant over alleged crimes against humanity linked to the Duterte administration’s drug war. Legarda, meanwhile, has missed the proceedings after leaving the country and has sought an extended absence, reportedly due to health reasons.— MCG, GMA News