- 2 days ago
Can a detained senator take part in an impeachment trial?
The Sandiganbayan has denied Senator Jinggoy Estrada's request to attend the impeachment trial of Vice President Sara Duterte, ruling that the constitutional importance of the proceedings does not justify temporary release from detention.
What does this decision mean for the impeachment process? What are the legal limits of preventive detention, and how do they intersect with a senator's constitutional responsibilities?
Join us on Beyond the Headlines as we examine the legal issues behind the ruling and its implications for the ongoing impeachment proceedings.
📺 Be part of the conversation as we look deeper, think better, and go beyond the headlines.
The Sandiganbayan has denied Senator Jinggoy Estrada's request to attend the impeachment trial of Vice President Sara Duterte, ruling that the constitutional importance of the proceedings does not justify temporary release from detention.
What does this decision mean for the impeachment process? What are the legal limits of preventive detention, and how do they intersect with a senator's constitutional responsibilities?
Join us on Beyond the Headlines as we examine the legal issues behind the ruling and its implications for the ongoing impeachment proceedings.
📺 Be part of the conversation as we look deeper, think better, and go beyond the headlines.
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NewsTranscript
00:26It starts with a fresh shot of espresso.
00:30Bold, rich, bold just right.
00:36Then comes the milk, steamed smooth, creamy and balanced.
00:41The perfect latte is not brushed.
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00:50Coffee first, then everything else.
00:54Good afternoon and welcome to Beyond the Headlines where we look deeper and think better.
01:00I'm DJ Moises and today's conversation is brought to us by Coffee First.
01:04Yesterday, we looked back at the first week of Vice President Sara Duterte's impeachment trial.
01:11A week marked by legal arguments, procedural debates and constitutional questions that could shape the course of the proceedings.
01:20Today, one of those questions takes center stage.
01:24Can a detained senator fulfill his constitutional duty as a senator judge?
01:30The Sandigan Bayan has ruled on Senator Jingoy Estrada's request to personally attend the impeachment trial while under preventive detention.
01:40The decision not only affects his participation, but also highlights the delicate balance between senators, constitutional responsibilities, and the authority
01:51of the courts.
01:53Our reporter, Third Ann Malonzo, tells us more.
01:55Hello, Third.
01:57Yes, I'm DJ. Good afternoon.
01:59Good afternoon.
02:01So tell us, what happened?
02:04Okay.
02:05Okay.
02:05Sorry, DJ.
02:05The Sandigan Bayan has denied the same sentence of Jingoy Estrada's motion, seeking permission to attend the impeachment trial of
02:14Vice President Sara Duterte in an order.
02:17However, the Antigrap Court says the constitutional importance of the proceedings does not justify Estrada's temporary release from detention.
02:28It says a lawmaker's request could not be treated as an emergency or compelling circumstance that would warrant temporary leave
02:37from detention.
02:38The 5th division of the Antigrap Court also noted is important that the impeachment proceedings are expected to run for
02:47an extended period, making estrada's request incompatible with the limited exemptions allowed for detainees.
02:55Kasi nga, ang sinet ng impeachment trial, 92 days yung trial days, which is 3 days yun in 32 weeks.
03:06The court further said granting the motion was undermined the court was offered unprevented detention.
03:13Estrada was arrested on June 1 and has since been detained at the Keston City Jail in Payatas upon the
03:20orders of the court, which is handling plundered charges against him.
03:24The Office of the Ombudsman Charged Estrada along with former Public Works and Highway Secretary Manuel Punoan,
03:32former DPWH engineers Daniel Cortona, Arturo Gonzalez Jr. M., and Manning Bulusan,
03:40over the alleged intricate mechanisms, illegal budgetary insertions, and project allocations within the DPWH infrastructure portfolio for fiscal year 2025.
03:55Prosecutors alleged that Estrada received 572-573 million pesos in kickback by funding government funds into selecting infrastructure projects through
04:10budget insertions.
04:12Estrada is the first high-ranking government official to be detained in connection with alleged anomalies involving plot control projects.
04:20The Zandigan, by the 2nd Division, which is handling the draft complaints against Estrada,
04:27earlier issued a 90-day preventive suspension against the senator on June 16.
04:34During the opening of the terrorist impeachment trial on Monday,
04:38Peter Canentano moved to allow detained Senators Estrada and Rodante Marcoleta to be allowed to monitor and participate in the
04:49proceedings through a special arrangement with the courts.
04:53Marcoleta is also facing plundered charges over a less undeclared campaign donation worth $75 million.
05:01The proposal has yet to be acted upon by the impeachment court.
05:04Yes, sir DJ?
05:06Yes. So third, can you cite again what's the legal basis that was cited by Zandigan Bayan regarding this particular
05:14ruling specific to the case of Senator Jinggoy Estrada?
05:18Sir DJ Gantano, ang sinasabi ng Zandigan Bayan, hindi ganun ka-importante.
05:26Although yung constitutional importance, ang sinasabi ng Zandigan Bayan,
05:30yung constitutional importance ng proceedings, hindi siya na-justify.
05:35Yung temporary, ilalabas mo siya from the detention, sa bayatas,
05:41going to the Senate para i-participate doon sa ongoing trial.
05:48The court does not consider yung request niya na emergency or, you know, compelled to leave.
05:55Kasi nga daw, may allowed time.
05:59Yung ayaw ko kung ilang days yung pwede isang i-allow na lumabas.
06:04Pero ang sinasabi ng Zandigan Bayan, mamama-max out or sobra yun.
06:10Dahil nga, magiging 92 days, ibig sabihin, 92 days siyang lalabas doon sa detention niya.
06:19And because we also heard, and maybe this can correct our understanding about the Senate's coercive power,
06:29but are you also aware of, is there any legal remedy, no, that the Senate can explore to compel one
06:38of its senator judges,
06:40I'm referring to Senator Jingoy Estrada, to actually attend the impeachment?
06:46Actually, Sir DJ, this is a general naman.
06:49Just like in all cases, I believe pwede naman lumapit din ang Senate sa Supreme Court
06:55para i-rule, mag-rule ito sa usapin na ito.
07:00And while actually hearing your report, Sir, the other thing also that entered my mind
07:05is the possibility of making his participation remotely, no?
07:10Is that even a possibility or a consideration?
07:15Oo. Actually, diba, ganyan naman lagi kahit sa, ano, ginagawa na yan, remotely, na nagsuzoom na lang.
07:23Pero yun nga, mula nung nag-motion si Sen. Alan Cayetano last Monday, nung umpisa nung trial,
07:34hindi pa nila napag-usapan yan.
07:35At sinasabi, they will talk about it at a proper time.
07:40Okay. I hope the proper time is not 93 days later.
07:45Or 92 days before.
07:47Oh, yeah. Okay. Now, the other one also is specific to the case of Senator Marcoleta.
07:55Because currently, while he is at the hospital, but he will also, he was also filed,
08:01okay, Sandigan Bayan also filed the case of plunder which is non-vailable.
08:05So, he will eventually have the same fate as Sen. Jinggoy Estrada.
08:11Are you also hearing a similar motion that's being filed by him?
08:15Oo. Wala pa akong information about it.
08:18Pero may nakausap ako na isang course kahapon,
08:20na most probably, si Sen. Marcoleta ay magpakaan na rin ng, magpafile din ang ganitong motion before the court.
08:28And as we all know, Sen. Marcoleta is a sponge supporter of the Duterte.
08:34And now, if ever that happens, man, this is just your forecast, no?
08:39And at least from your observations around with him potentially filing another one,
08:44assuming that he will.
08:46Do you think the voice would become even louder that we have two Senators filing a similar motion
08:52because both of them are detained in a non-vailable offense?
08:58Actually, hindi pa natin kasi talaga wala, there's no certainty at this point of time, ano.
09:03It's only the Sandigan Bayan na talagang magde-decide on this.
09:08And right now, yun lang yung alam natin, binenay nila.
09:11Hindi pa natin sure kung ba magpafile din si Sen. Marcoleta.
09:15So, syempre, it seems na lalakas yung sigaw na to allow them.
09:20Pero it's still between, ah, it's still with the Sandigan Bayan.
09:25At yun nga, depende rin kung anong magiging usapan nila ng Sen.
09:29Kasi nga, the Sen. will coordinate with the court and have, hopefully,
09:35they will have a special arrangement para maka-attend itong dalawa.
09:40Kasi sinasabi nga, dapat ay 16 na votes to impeach VP Duterte.
09:48Okay, thank you very much, 3rd. And talk to you soon.
09:53Yes, talk to you soon, sir, DJ. Thank you.
09:56So, that was 3rd Ann Malonzo, Sunstars correspondent in the National Capital Region.
10:01So, this is an interesting turn of events, no?
10:05Because yesterday, we spoke about the first week.
10:08And now, this is an obvious question that also needs to be addressed as soon as possible.
10:15And I'm referring to the fate of the two senators that were arrested or who surrendered
10:24under the case or allegations that are filed against them specific to plunder,
10:29which is a non-bailable offense.
10:33So, that means they will be prevented from attending physically, no?
10:39And even remotely, it's not even a certainty as of this time,
10:46which could impact their participation on the impeachment trial.
10:50So, the other piece, actually, that's why I asked earlier, Kang 3rd, if he and then eventually they,
10:59the two of them would be allowed to participate remotely
11:02because that does not entail for them to actually leave the prison.
11:08They can actually do that.
11:09But on hindsight, there's also something that we realized here in the studio
11:13where we're having a conversation.
11:14Because just like in my case, for example, I also have a day job.
11:19So, that means I'm not able to really follow the entire proceedings live, no?
11:24And this happens usually, it starts at 2 o'clock and then it ends early in the evening.
11:28But that does not, but the sessions are actually recorded, no?
11:33So, that means the senators, while they are being detained,
11:38they can still view the proceedings whether they do it in the evening.
11:42Okay, murag, wala mo, di mo, di mo, siguro kayo sila busy, no?
11:45Sa gabi, eh.
11:46Or they can also do that in the morning.
11:48And if I may suggest, for them to still continue to demonstrate ba
11:53that they are still active with the cases,
11:56is for them to issue every once in a while, no?
11:59Their observations about the proceedings
12:01and also their opinions about the proceedings
12:04so that the public is still aware
12:05that they are really following the case, no?
12:08Okay.
12:08Lisod kay sangatanan po, if they are detained
12:11and then they remain silent.
12:13So, and then if they will be allowed to vote,
12:17then the public will also question
12:19what was their basis for voting
12:21if they were not following the trial themselves.
12:24So, even if they are not able to attend physically
12:29or they are not also able to attend remotely live,
12:33but because these trials are also recorded,
12:38so that does not prevent them from keeping themselves updated
12:43on how the proceedings actually went.
12:46Now, from a constitutional perspective,
12:50I think the reason why there's a debate that's ongoing about this
12:54because if we recall,
12:56so I'm reading something here, no?
12:58To make sure that I will not misquote something
13:01as basing mabash ko, no?
13:02Diba ko lawyer?
13:03But if we recall,
13:05in the 1949 Supreme Court case,
13:07Avelino v. Cuenco,
13:09so this was the case
13:10that's often referred to, no?
13:14Regarding the coercive powers of the Senate.
13:18At kay momenton,
13:18if you recall,
13:19mamali ang katong time na
13:20wapa sila ka-decide
13:22whether it's 12 votes, no?
13:24That would elect a Senate president
13:26or it would constitute a quorum
13:28or 13
13:29o wala pa gin sila na resolve aninga time.
13:32And this was the case that they cited.
13:34And if you remember,
13:35kaning word na coercive,
13:37words na coercive powers
13:38have been quoted several times
13:41because it actually
13:44supposed to define
13:46whether the Senate has a jurisdiction
13:48to compel participation
13:51that would constitute a quorum.
13:54So if mubalik ta ng coercive powers,
13:56that was the root of my question earlier
13:58when I asked third
13:59if the Senate actually has legal remedies
14:03to compel, no?
14:05The two senators to attend.
14:07And the preliminary information that I got,
14:10so if we have lawyers who are watching,
14:14attorney Ligutan,
14:17if you are watching,
14:19the reason why I did that
14:20is because he guessed it twice in the show.
14:21But anyhow,
14:22if we are lawyers who are watching,
14:25I think the reason why
14:26the Senate is still asking
14:29for Sandigan Bayan's permission,
14:31it's because the Senate's coercive power
14:34is not unlimited, no?
14:36So it does not automatically supersede
14:39the Sandigan Bayan's jurisdiction
14:41over a detainee, no?
14:44So I think that also explains
14:46why Senator Cayetano,
14:47as shared by third,
14:50is actually requesting
14:52the Senate, no?
14:54Impeachment Court
14:55to coordinate with
14:56Sandigan Bayan
14:57to allow both Senators
14:59Jinggoy Estrada
15:00and Rodante Marcoleta
15:03to allow them to participate.
15:06Now,
15:07nganong kaning question nila
15:08is kanang crucial
15:10mangin niyang ilang attendance,
15:12no,
15:12aside from remote participation.
15:14In my view,
15:15importante niya siya
15:16because of the resolution
15:18of how many votes mangin
15:20ang required
15:21to impeach
15:23the Vice President.
15:23Although Senator Presiding Officer
15:28Cheese Escudero
15:30reiterated
15:31that it should be 16 votes, no?
15:34But if we also listen
15:35to the prosecution,
15:37they still intend
15:38to appeal this,
15:41to contest this move, no?
15:44At the Supreme Court.
15:45So even if
15:47the Senate
15:49Presiding Officer
15:51was already
15:51clear about
15:53the 16 votes,
15:54this is still
15:55potentially subject
15:56to change, no?
15:57Depending on the movements
15:59on the prosecution side
16:01and how they're
16:04able to contest this
16:06through the Supreme Court, no?
16:09So,
16:10what's the practical implication, no?
16:13If Estrada,
16:14Senators Estrada
16:15and Marcoleta
16:16are not able
16:17to participate,
16:18then the impeachment trial
16:20is proceeding
16:22with fewer
16:23judges,
16:24na lang, no?
16:26So,
16:26onya,
16:27karun,
16:27since the conviction
16:28would need
16:29two-thirds
16:30votes of all members
16:32of the Senate,
16:33then,
16:34then,
16:35di-question na karun
16:36if their non-participation
16:38would actually
16:39lower the threshold,
16:40which is
16:4116 votes, no?
16:43So,
16:43if we use
16:4424
16:45minus 1,
16:46which is
16:47Bato,
16:47that's 23,
16:49minus 2,
16:51which
16:53Marcoleta
16:53and Estrada
16:54that leaves us
16:55to 21.
16:56And the
16:57two-thirds
16:57of 21
16:58is 14.
17:00So,
17:00imagine,
17:01daku,
17:01mumater siya
17:02because the threshold
17:02will be lowered
17:03from 16
17:05to 14.
17:07Now,
17:07in this manner,
17:09then,
17:10kanang,
17:11this,
17:11in my opinion,
17:12could favor
17:13both the prosecution
17:15and defense,
17:16no?
17:16But if you would
17:18ask me,
17:19I think,
17:20from a procedural
17:21and mathematical
17:22standpoint,
17:23this could
17:24favor
17:25the defense,
17:27no?
17:28Because,
17:28because,
17:29I mean,
17:30retaining the 16 votes
17:32could favor
17:33the defense
17:34because
17:35gamay na lang
17:36ang ilang pool
17:36of senators
17:37and then
17:38the two,
17:39senators,
17:40Estrada
17:41and Marcoleta
17:42are associated
17:43at least
17:44with the Dutertes.
17:46So,
17:46if
17:47gamay ang pool
17:48sa
17:50prosecution,
17:51I don't know,
17:52so,
17:52so,
17:52the 16
17:53would actually
17:54make it
17:55mathematically
17:56difficult
17:57to convict
17:58the vice
18:00president.
18:01So,
18:01that's why
18:01retaining the 16
18:03in my view
18:04is favorable
18:05to the defense.
18:07Pero,
18:07lowering the threshold
18:09also to 14
18:10as a consequence
18:12from what I just said
18:14would favor
18:15the prosecution.
18:16Okay?
18:17Their threshold
18:17mathematically requirement
18:19is reduced
18:20from 16
18:20to 14
18:21making it
18:22possible.
18:23Although,
18:24while nag-hunahuna ako
18:24anong math,
18:25aniba,
18:26I think,
18:27in my view again,
18:29I think it looks like
18:30it's an uphill climb
18:31still on
18:32the vice president's
18:34defense
18:35because
18:37articles
18:39of impeachment
18:40and
18:41she has
18:43to be not
18:43guilty
18:44in all four
18:45for her
18:46not to be
18:47impeached.
18:48And,
18:49na-cover na ito
18:50yesterday,
18:50itong grabe
18:51kayo
18:51ang battle
18:52karoon
18:52sa kaning
18:53first
18:53on threats,
18:54on grave
18:55threats,
18:56no?
18:56Ma,
18:56nang grabe
18:57ang battle
18:57niya
18:58because
18:58if
18:58ma-establish
18:59lang niya
18:59siya
19:00here,
19:01then it
19:01would
19:01appear,
19:02the momentum
19:05in favor
19:06of the
19:06impeachment
19:07would increase
19:09as the
19:10trial,
19:11the next
19:1489 days
19:16would go.
19:18so,
19:19daghan
19:20ang
19:21ma-murabi
19:23taong siya,
19:24this will
19:24make the
19:25momentum
19:26and the way
19:27I observe it,
19:28the order
19:28is quite
19:29strategic
19:30because they're
19:30starting with
19:31at least
19:32ako,
19:33starting with
19:33something
19:34that's
19:34strong,
19:35okay,
19:36unless
19:38if
19:38something
19:40different
19:40will come
19:41up
19:42next week
19:43but
19:43if
19:44this
19:44is
19:44just
19:44authenticating
19:45whether
19:45the
19:45video
19:46is
19:46really
19:48real
19:49and it
19:49was the
19:50vice
19:50president
19:50speaking
19:51and there
19:51was
19:52really
19:52grave
19:52threat
19:53then
19:54that
19:54would
19:55set
19:55the
19:55momentum
19:56in favor
19:57of the
19:57prosecution
19:58so,
19:59in my
19:59case
20:00and then
20:00follow
20:01and then
20:02end
20:03in
20:03and if
20:05you
20:05recall
20:05this
20:06was
20:06also
20:07one
20:08of
20:08the
20:08strongest
20:09when
20:10the
20:11impeachment
20:12case
20:12was
20:12still
20:13at
20:13the
20:14Justice
20:15Committee
20:16in the
20:17House
20:17of
20:17Representatives
20:18there
20:19was
20:19more
20:20it
20:21actually
20:22increased
20:23the
20:23curiosity
20:24of the
20:24public
20:25what's
20:25really
20:26with
20:26the
20:26Sal
20:26and
20:27does
20:28the
20:29moth
20:29really
20:30support
20:30the
20:31wealth
20:31that
20:32the
20:32vice
20:33president
20:33accumulated
20:34through
20:34the
20:34years
20:35with
20:36the
20:37wealth
20:37that
20:38she
20:38had
20:38prior
20:38and
20:39the
20:40means
20:40that
20:40she
20:41had
20:41when
20:42she's
20:42already
20:42serving
20:43as
20:43vice
20:43president
20:44to
20:45be
20:45able
20:45to
20:46justify
20:46the
20:48wealth
20:48that she
20:49accumulated
20:49through
20:49the
20:50years
20:50so,
20:51if
20:51checking
20:51first
20:52and
20:52then
20:53checking
20:53last
20:53for
20:54me
20:54it
20:55makes
20:56the
20:56impeachment
20:57start
20:57in a
20:58very
20:58strong
20:59momentum
20:59in favor
21:00of the
21:00prosecution
21:01and
21:02it
21:02also
21:02ends
21:03in
21:03potentially
21:04in
21:04another
21:04strong
21:06way
21:06in favor
21:07of the
21:07prosecution
21:08so I
21:08think
21:09that's
21:09why
21:09the
21:10sequence
21:10of the
21:10trial
21:11was
21:11actually
21:11done
21:12that
21:13way
21:13in my
21:13view
21:14because
21:14it's
21:15potentially
21:15going to
21:16start
21:16strong
21:16and
21:17then it
21:18also
21:18is
21:19potentially
21:19going
21:19to
21:20end
21:20strong
21:21so
21:23like
21:23what
21:25I
21:25said
21:25yesterday
21:26whether
21:27we
21:28are
21:28critics
21:28of
21:29the
21:29impeachment
21:29or
21:30we
21:30are
21:30supporters
21:31of
21:31the
21:31impeachment
21:31let's
21:32make
21:32the
21:32most
21:32of
21:33this
21:33opportunity
21:33to
21:34exercise
21:34our
21:35critical
21:35thinking
21:36because
21:36aside
21:37from
21:37critical
21:37thinking
21:38by the
21:38way
21:38by the
21:39end
21:40of
21:40the
21:40impeachment
21:40I
21:40think
21:41more
21:41Filipinos
21:41will
21:42become
21:42more
21:42savvy
21:42about
21:43the
21:431987
21:44constitution
21:44so
21:45this
21:45is
21:46like
21:46having
21:46a
21:47classroom
21:49it's
21:50like
21:50being
21:51in
21:51a
21:51class
21:52three
21:52times
21:53a
21:53week
21:53for
21:54the
21:54next
21:5589
21:55days
21:56so
21:56that's
21:57how
21:57the
21:58Philippines
21:58will
21:58look
21:59like
21:59so
21:59whether
21:59we
22:00support
22:00the
22:00impeachment
22:01or
22:01critics
22:01of
22:02the
22:02impeachment
22:02this
22:03is
22:03good
22:03exercise
22:03also
22:04of
22:04our
22:05critical
22:05thinking
22:06about
22:07leadership
22:07and
22:08also
22:09about
22:09looking
22:10at
22:11things
22:12on
22:13different
22:13looking at
22:14different
22:14sides
22:14before
22:15coming
22:16up
22:16with
22:17a
22:17decision
22:17so
22:18we
22:18become
22:18better
22:19humans
22:20and we
22:20become
22:21more
22:21we can
22:22become
22:22more
22:22we can
22:23become
22:23superior
22:23compared
22:24to
22:25the
22:25algorithms
22:25so
22:26this
22:26is
22:26our
22:27common
22:27takeaway
22:28whether
22:28we
22:28support
22:29or
22:29we
22:29are
22:29against
22:30the
22:30impeachment
22:31so
22:31as
22:32this
22:32historic
22:32trial
22:33moves
22:33forward
22:34expect
22:35more
22:35legal
22:36questions
22:36more
22:37constitutional
22:38debates
22:39and
22:39more
22:39precedence
22:40that
22:40could
22:41shape
22:41the
22:41future
22:42of
22:42impeachment
22:43in
22:44the
22:44Philippines
22:44because
22:45beyond
22:46the
22:46headlines
22:46and
22:47the
22:47are
22:47the
22:47principles
22:48that
22:48govern
22:49our
22:49democracy
22:51headlines
22:52tell
22:52us
22:53what
22:53happened
22:53understanding
22:54tells
22:55us
22:55why
22:56it
22:57matters
22:57I'm
22:58DJ
22:58Moises
22:59and
22:59thank
22:59you
22:59Coffee
23:00First
23:01for
23:01supporting
23:01conversations
23:02that
23:02matter
23:03this
23:03is
23:04beyond
23:04the
23:04headlines
23:05where
23:05we
23:05look
23:05deeper
23:06and
23:06think
23:06better
23:07have
23:08a
23:08good
23:08weekend
23:08and
23:09have
23:09a
23:10good
23:10afternoon
23:16it
23:16starts
23:17with
23:17a
23:17fresh
23:17shot
23:18of
23:18espresso
23:20bold
23:20rich
23:22bold
23:23just
23:23right
23:25then
23:26comes
23:26the
23:27milk
23:27steamed
23:28smooth
23:28free
23:29and
23:30balanced
23:30the
23:31perfect
23:31latte
23:32is
23:32not
23:33brushed
23:33it
23:34is
23:34crafted
23:34one
23:35cup
23:36at
23:36a
23:36time
23:37your
23:38perfect
23:38latte
23:38is
23:39ready
23:39coffee
23:40first
23:41then
23:42everything
23:43else
24:01you
24:02you
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