The fate of detained Senators Rodante Marcoleta and Jinggoy Estrada rests with the courts, not the Senate, Malacañang said Wednesday, rejecting calls to allow them to participate in the Senate impeachment proceedings while under detention.
Speaking to reporters, Palace Press Officer Claire Castro said Senate Minority Leader Alan Peter Cayetano’s belief that Marcoleta and Estrada were “political prisoners” was merely his personal opinion.
“Kung iyan po ang kaniyang paniniwala, hindi naman din po siguro ito ang paniniwala ng Sandiganbayan. Iba ang kanyang pananaw. Iba rin naman ang pananaw ng mga korte (If that is his belief, it does not necessarily mean the Sandiganbayan shares the same view. His perspective is different, and the courts have their own judgment),” she said.
Castro issued the statement after Cayetano, in what he described as “counter-SONA,” defended the members of the Senate minority bloc, including Estrada and Marcoleta, who are both detained while facing separate plunder cases.
Cayetano said the two detained senators should be allowed to attend the impeachment trial of Vice President Sara Duterte despite being under detention.
Castro stressed that any decision on whether the two lawmakers may post bail or secure temporary freedom lies solely with the courts.
She added that if Cayetano believes the cases are politically motivated, he is free to represent the two lawmakers as their legal counsel and present his arguments before the court.
“Hindi po kay Senator Alan Cayetano ang pagpapasya. Nasa korte, nasa Sandiganbayan. So, kung ano man ang mga kaniyang binanggit, kung iyan ang paniwala niya – political motivation – maaari naman po siguro siyang tumayo na lawyer sa dalawa para ito’y mapatunayan (The decision does not rest with Senator Alan Cayetano. It rests with the Sandiganbayan. If he truly believes the cases are politically motivated, perhaps he can serve as their lawyer and prove those claims in court),” she said.
Castro also opposed Marcoleta’s manifestation seeking permission for him and Estrada to attend the impeachment trial despite being under detention.
She said granting such a request would amount to “special treatment,” noting that it could encourage other detained professionals to seek permission to continue practicing their professions while their cases remain pending.
“So, kung ganon ang mangyayari at papayagan sila at magkakaroon ng special treatment, maaaring lahat ng nagtatrabaho na nakakulong ay hayaan na rin magtrabaho habang nakakulong (If that happens and they are given special treatment, then all detained individuals who have jobs could also demand to continue working while in detention),” Castro said.
She cited existing court rulings allowing detained lawyers to practice law only when defending themselves, not when representing other clients.
The Palace official also noted that the Sandiganbayan had previously denied Estrada’s plea for what it described as “virtual freedom.”
She added that former Supreme Court Justice Antonio Carpio has expressed the view that public officials detained while facing graft-related charges, including plunder, should remain suspended from office.
“So, kung ano man ang magiging desisyon ng Senado patungkol sa manifestation ni Senator Marcoleta, hindi po rin ito mananaig dahil ngayon ang jurisdiction po kay Senator Jinggoy at Senator Marcoleta ay nasa kamay po ng Sandiganbayan (Whatever decision the Senate may reach regarding Senator Marcoleta’s manifestation will not prevail because jurisdiction over Senators Jinggoy and Marcoleta now rests with the Sandiganbayan),” Castro said. (PNA)