Sandiganbayan denies Jinggoy Estrada's request to attend VP Sara trial
MANILA, Philippines — The Sandiganbayan has denied Senator Jinggoy Estrada's plea to leave detention and attend the impeachment trial of Vice President Sara Duterte-Carpio, ruling that the trial's importance is not enough to justify allowing him out of jail.
"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 anti-graft court's Fifth Division said in a resolution promulgated Thursday, July 9.
"Indeed, this Court cannot consider the accused-movant's request to be in the nature of an emergency or compelling temporary leave," it added, denying the motion for lack of merit.
Estrada, who is facing plunder and graft charges before the division, filed the motion on June 29. In doing so, he argued that preventive detention does not cut short his term and so compels him to show up to the trial given the threshold stands at 16 votes to convict.
He also called his participation in the trial a "high constitutional duty" compelling enough to warrant a temporary leave, citing the leaves the Makati Regional Trial Court once granted then-detained Senator Antonio Trillanes IV, who faced coup d'etat charges.
The Sandiganbayan however was not convinced by these arguments. Citing the Supreme Court's rulings in Trillanes IV v. Pimentel Sr. and People v. Maceda, it held that an incumbent public official under preventive detention cannot perform the functions of his office and must stay in jail unless released on bail.
Estrada is detained over two cases pending before the Fifth Division: plunder and violation of the Anti-Graft and Corrupt Practices Act. The former charge is non-bailable.
Both cases are tied to allegations that he received millions in illicit payouts from flood control projects.
He surrendered to the police in June following the issuance of a warrant of arrest against him.
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