The Sandiganbayan Fifth Division denied detained Senator Jose “Jinggoy” P. Ejercito Estrada’s request to attend the Senate impeachment trial of Vice President Sara Duterte-Carpio, ruling that his participation as a senator-judge was incompatible with his status as a detention prisoner and did not constitute a compelling ground for temporary leave from detention.
In a seven-page resolution promulgated on Thursday, penned by Associate Justice Maryann E. Corpus-Mañalac, the anti-graft court denied for lack of merit Mr. Estrada’s motion seeking permission to participate in the impeachment proceedings.
Mr. Estrada argued that his attendance was necessary because the Constitution requires the concurrence of two-thirds of all senators to convict an impeachable officer and that his participation in the trial was a “high constitutional duty” warranting temporary leave from detention.
The Fifth Division rejected the argument, citing Supreme Court rulings in Trillanes IV v. Pimentel, Sr., People v. Maceda, and People v. Jalosjos, which held that public officials under detention may not perform the functions of their office unless released on bail or recognizance.
Support authors and subscribe to content
This is premium stuff. Subscribe to read the entire article.
