MANILA — The Sandiganbayan Fifth Division has denied Sen. Jinggoy Estrada’s request to personally attend the impeachment trial of Vice President Sara Duterte-Carpio, ruling that his continued detention over non-bailable plunder and graft charges leaves no legal basis for the temporary leave he sought.
In a seven-page resolution dated July 9, the anti-graft court ruled that Estrada failed to demonstrate that his request qualified as an emergency or compelling circumstance that would justify his temporary release from detention.
“This court cannot consider the accused-movant’s request to be in the nature of emergency of compelling temporary leave. While an impeachment trial is of paramount constitutional importance, its significance does not, by itself, provide a basis for the grant of his request,” the court said.
Estrada is facing a non-bailable P573-million plunder charge and two counts of graft in connection with the alleged anomalies involving flood control funds.
The court emphasized that because the charges are non-bailable, Estrada must remain under detention unless he obtains court approval through a successful bail petition.
It also found that the senator’s request was incompatible with the limited nature of temporary leave, noting that the impeachment trial is expected to run for about 31 weeks.
“Overall, the trial period would span 31 weeks. Such a prolonged and recurring arrangement cannot, by any stretch of the imagination, be considered an emergency or compelling temporary leave from detention. 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.
The Sandiganbayan further warned that granting the request would defeat the very purpose of preventive detention.
“To grant such request would substantially erode the very restraints that lawful detention necessarily entails,” the court said, adding that allowing Estrada to participate in the impeachment proceedings would “make a mockery of the purposes of preventive detention.”
Estrada had sought permission to personally attend the Senate impeachment trial of Duterte-Carpio while remaining under detention pending trial in the flood control-related plunder and graft cases./PN
