Senate: Decision on detained senators’ impeachment votes beyond chamber’s control

SENATE President Sherwin Gatchalian stated on Wednesday, September 9, that the Senate has no authority to decide whether detained Senators Rodante Marcoleta and Jinggoy Estrada may participate and cast their votes in the impeachment trial of Vice President Sara Duterte.

Gatchalian made the remark without formally rejecting the request to have their votes counted, emphasizing that the matter falls outside the chamber’s jurisdiction and must be resolved through proper legal and judicial channels.

Both senators are currently in government custody facing separate criminal charges, raising questions about their eligibility to perform their constitutional duties as impeachment court judges.

Under the Senate’s own rules and established jurisprudence, the right to sit and vote in an impeachment trial is tied to the status of a senator, but restrictions imposed by judicial processes complicate the situation. Gatchalian’s cautious stance reflects the Senate’s position that it cannot unilaterally grant or deny participation rights without overstepping its authority or interfering with the courts.

The development leaves unresolved whether Marcoleta and Estrada will be permitted to take part in the proceedings and cast their votes when the impeachment court convenes to decide the case. Gatchalian’s statement signals that the Senate will likely defer to whatever legal determinations are made regarding the two senators’ status, ensuring that the impeachment process proceeds in accordance with both the Constitution and the rule of law.