Senate Minority Leader Alan Peter Cayetano on Monday pressed the Senate impeachment court to permit detained Senators Jinggoy Estrada and Rodante Marcoleta to take part in the trial of Vice President Sara Duterte.
During the trial’s opening day, Cayetano explained that barring the two lawmakers from voting would inadvertently favor the defense.
Under the 1987 Constitution, a conviction demands a two-thirds majority of the entire Senate membership, meaning an absent vote essentially functions as a vote for acquittal.
“And as we said from the start, we want a fair and we want justice, we want a fair impeachment trial,” Cayetano told the court.
He further suggested that bringing Estrada and Marcoleta into the fold would reinforce the trial’s credibility, hinting at political motives behind their incarceration.
“Of course, this is my personal opinion that may politika sa pagpapakulong sa kanila. That’s my personal view. Allowing them to attend here might add to the integrity of the proceeding and actually make things easier when the time comes to render a verdict,” he said.
While Estrada faces preventive suspension, Cayetano maintained that the impeachment court is a sui generis—or unique—body that possesses the flexibility to implement its own rules regarding member participation.
Presiding officer Senator Francis “Chiz” Escudero deferred his decision on the matter, opting to consult the rest of the senator-judges first.
The historic trial centers on several heavy allegations against Vice President Duterte, including the misappropriation of confidential funds, hidden wealth, bribery, and making grave threats against President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and former House Speaker Martin Romualdez.
Both lawmakers sought for the trial are currently in state custody.
Marcoleta was arrested on non-bailable plunder charges for failing to report campaign contributions from the 2025 midterm elections, while Estrada remains detained due to separate plunder and graft charges linked to anomalous flood control projects.