Allowing the two senators currently detained on nonbailable charges to still participate in the impeachment trial of Vice President Sara Duterte would be a form of ‘special treatment.’
This was Malacañang’s position, as expressed by Palace press officer Claire Castro, regarding moves to let Senators Rodante Marcoleta and Jinggoy Estrada take part in Duterte’s trial as judges while they themselves are separately on trial for plunder.
‘If they are allowed and receive special treatment, then perhaps everyone who is employed should also be allowed to continue working while in detention,’ Castro said in a briefing on Wednesday.
The Palace official acknowledged that the matter may be ultimately decided by the Sandiganbayan where the two senators are facing charges in different divisions of the antigraft court. But she said granting such an arrangement would create a precedent for other detained persons who wish to continue practicing their profession and enjoy ‘virtual freedom’ behind bars.
Castro also noted that the Sandiganbayan had already denied Estrada’s request to be allowed to participate in the trial.
‘Political prisoners’?
Marcoleta on Tuesday urged his fellow senators to ‘find ways’ for him and Estrada to join the proceedings and eventually vote.
The impeachment court’s presiding officer, Sen. Francis ‘Chiz’ Escudero earlier said he was ‘inclined to agree’ with Marcoleta’s suggestion as long as the latter is not facing suspension as a senator.
But Castro said: ‘Whatever decision the Senate may make regarding Senator Marcoleta’s manifestation will not prevail because jurisdiction over the two senators now rests with the Sandiganbayan.’
Castro also rejected Senate Minority Leader Alan Peter Cayetano’s characterization of Marcoleta and Estrada as ‘political prisoners.’
She dismissed it as merely Cayetano’s personal belief and not reflective of any view of the courts.
‘If he believes there is political motivation (behind the charges), perhaps he (Cayetano) can stand as their lawyer to prove it,’ Castro said.