SENATE President Sherwin Gatchalian confirmed on Thursday that the 90‑day preventive suspension ordered by the Sandiganbayan against Senator Jinggoy Estrada extends to his function as a senator‑judge in the upcoming impeachment trial of Vice President Sara Duterte. “From what I understand, kapag suspended ka as a senator, kasama na rin ang being a senator‑judge. The suspension is to the senator and it carries with all their responsibility as a senator including being a senator‑judge,” Gatchalian explained to reporters, clarifying that the legal measure applies to all duties and powers attached to the office.
The order was issued by the anti‑graft court’s Second Division in connection with pending graft charges linked to Estrada’s alleged involvement in the flood control scandal. With Estrada barred from performing his official functions, Gatchalian acknowledged that this could affect the quorum during proceedings, but emphasized that the constitutional requirement for a guilty verdict remains unchanged. “Malinaw ang Constitution, 2/3 of all members, that’s 16. In my opinion, we have to follow the Constitution,” he stressed, noting that the threshold is based on the total membership of the Senate, regardless of temporary absences or suspensions.
Meanwhile, Gatchalian revealed that the Senate has not yet finalized who will preside over the trial, saying that discussions regarding the election of a presiding officer are still pending. The Upper Chamber is set to convene as an Impeachment Court on July 6 to hear the case against Vice President Duterte, who faces charges of culpable violation of the Constitution, graft and corruption, betrayal of public trust, bribery, and other high crimes. This marks the second time she has been impeached by the House of Representatives, with the Senate having first organized as an impeachment court last May 18.
