The Sandiganbayan Fifth Division has turned down Senator Jinggoy Estrada’s formal plea to take part in the upcoming impeachment trial of Vice President Sara Duterte, ruling that accommodating the request would amount to an unwarranted and prolonged release from detention.
In a seven-page resolution dated July 9, 2026, the anti-graft court dismissed the senator’s motion as meritless, explaining that the ongoing impeachment proceedings do not qualify as an urgent or extraordinary situation that warrants granting temporary freedom.
The justices highlighted that based on the schedule set by the Senate impeachment court on June 29, hearings are slated for three days a week beginning July 6.
Spanning an estimated 31 weeks with 92 individual trial days, the court ruled that such a timeline contradicts the fundamental purpose of preventive custody.
“Such a prolonged and recurring arrangement cannot, by any stretch of the imagination, be considered an emergency or compelling temporary leave from detention,” the court stated in its ruling.
The court further emphasized that granting Estrada regular leave to join the trial would afford him special privileges denied to ordinary inmates, which would undermine the legal system.
“Allowing the accused-movant to attend the impeachment trial would virtually make him a free man with all the privileges appurtenant to his position,” the resolution read. “It would not only elevate his status to that of a special class but also make a mockery of the purposes of preventive detention.”
To reinforce its ruling, the court cited legal precedents from previous cases involving detained former lawmakers Antonio Trillanes IV and Romeo Jalosjos Sr., reiterating that standard custodial restrictions must be consistently maintained.
“In sum, the motion must perforce be denied,” the court concluded.
Estrada, who filed his petition on June 29, is presently jailed over non-bailable charges involving a ₱573-million plunder case alongside separate graft allegations linked to flood control initiatives.
Following the decision, he must remain in custody while his trial moves forward.