Sen. Jinggoy Estrada has asked the Supreme Court to overturn the Sandiganbayan’s denial of his request to personally attend the impeachment trial of Vice President Sara Duterte.
In a petition for certiorari, Estrada’s legal counsel, Flaminiano Arroyo & Dueñas, argued that the Sandiganbayan Fifth Division committed grave abuse of discretion when it denied the senator’s motion on July 9.
The petition said Estrada’s detention at the New Quezon City Jail in Barangay Payatas on plunder charges does not extinguish his constitutional duties and responsibilities as an incumbent senator.
His lawyers argued that participating in the impeachment trial is a solemn constitutional function that requires Estrada’s personal presence to hear the evidence, propound questions and cast an informed vote as a senator-judge.
The petition stressed that Estrada is not seeking bail or temporary liberty in connection with his criminal case.
Instead, his lawyers said he is only asking to be allowed to attend the impeachment proceedings while remaining under the custody and supervision of the Bureau of Jail Management and Penology.
Citing the urgency and public importance of the matter, Estrada’s legal team asked the Supreme Court to act promptly so that he can perform his constitutional mandate as a senator-judge.
Estrada is currently detained while facing plunder charges in connection with the alleged flood control fund scandal.
