Senator Jinggoy Estrada has asked the Supreme Court to reverse a Sandiganbayan ruling that barred him from participating in Vice President Sara Duterte’s impeachment trial, maintaining that his incarceration does not invalidate his constitutional functions as an elected official.
Through a petition for certiorari submitted by the law firm Flaminiano Arroyo & Dueñas, Estrada argued that the Sandiganbayan Fifth Division committed grave abuse of discretion in its July 9, 2026 denial.
Although held without bail at the New Quezon City Jail in Barangay Payatas due to pending plunder charges stemming from an alleged flood control fund scheme, his legal team contends that he remains an active member of the Senate with the constitutional mandate to serve as a senator-judge.
The appeal seeks authorization for Estrada to review evidence directly, examine witnesses, raise queries as permitted by Senate impeachment guidelines, and join internal discussions to carry out his official duties.
His lawyers highlighted the constitutional mandate requiring a two-thirds vote of all Senate members to convict an impeached official, emphasizing that “every senator’s participation carries constitutional significance.”
Estrada turned to the high tribunal following the anti-graft court’s refusal to grant him temporary leave for the proceedings despite his active status as a lawmaker.
His legal counsel asserted that pre-trial detention limits only his personal freedom and does not strip him of his senatorial tenure. They added that permitting his presence would not disrupt his criminal proceedings, as he would remain under the strict custody of the Bureau of Jail Management and Penology during any court-sanctioned attendance.
To support the request, Estrada’s lawyers referenced a 2008 Supreme Court precedent concerning former Senator Antonio Trillanes IV, which recognized that temporary releases from custody can be allowed under exceptional circumstances.
Fulfilling the duty of a senator-judge in an impeachment trial constitutes such a vital function, they argued, while assuring the court that Estrada poses no flight risk and would stay under official custody at all times.