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Senate President: Court to decide on jailed senators' impeachment trial role

Senate President Sherwin Gatchalian said the Sandiganbayan will determine whether detained senators can participate in impeachment proceedings and regular legislative sessions. The two lawmakers remain in the custody of the anti-graft court.

LSN Philippines · 9 September 2026

Senate President: Court to decide on jailed senators' impeachment trial role

Senate President Sherwin Gatchalian on Wednesday deferred to the courts regarding the participation of jailed senators in ongoing impeachment proceedings and chamber sessions.

Gatchalian noted that Senators Rodante Marcoleta and Jinggoy Estrada, who are currently detained, remain under the jurisdiction and custody of the Sandiganbayan. The anti-graft court's authority over the detained lawmakers means any decision about their ability to attend Senate functions rests with the tribunal.

The issue of whether incarcerated senators can exercise their legislative duties has emerged as a procedural question for the Senate. Gatchalian's statement indicates the upper chamber will await guidance from the judiciary before making determinations on the matter.

The detention of the two senators has raised questions about parliamentary procedures and the extent to which lawmakers can fulfill their constitutional obligations while in custody. Legal experts have noted the tension between incarceration and senatorial responsibilities remains an unresolved issue in Philippine legislative practice.