Jinggoy Estrada also suspended as impeachment senator-judge

MANILA, Philippines – Senate President Sherwin “Win” Gatchalian clarified on Thursday, June 18, that Senator Jinggoy Estrada’s suspension as a senator also extends to his role as a senator-judge in the impeachment trial of Vice President Sara Duterte.

“From what I understand, if you are suspended as a senator, being a senator-judge is also included. So the suspension is to the senator and it carries with it all the responsibilities as a senator, including becoming a senator-judge,” Gatchalian said.

“This 90-day suspension is not new. This has happened in the past with other senators. So the practice in the past, and the legal practice in the past, that is what we will follow,” he added.

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The anti-graft court Sandiganbayan issued its suspension against Estrada on June 16, due to his graft case pending with the Sandiganbayan 2nd Division. He is facing the charge, along with plunder and another count of graft with the 5th Division, due to his alleged involvement in flood control corruption.

Section 13 of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act mandates that an incumbent public officer shall be suspended while facing a graft case.

According to the Sandiganbayan, Estrada is suspended for 90 days “as senator of the Republic of the Philippines, and from any other public office which he may now or hereafter be holding.”

Article XI, Section 6 of the 1987 Constitution gives power to the Senate to try and decide impeachment cases. Senators, therefore, are the judges assigned to hand down a verdict at the end of the proceedings.

On the suggestion to revisit the conviction threshold due to Estrada and Senator Bato dela Rosa’s absence, Gatchalian said the Senate will follow what us written in the Constitution. Dela Rosa is in hiding to evade his International Criminal Court warrant that stemmed from his crimes against humanity case.

“In my opinion, we have to follow the Constitution…. Two-thirds of all members [are required to convict]. The Constitution is very clear,” said the Senate president.

The Constitution’s Article XI, Section 6 also requires the two-thirds of all the members of the Senate to secure a conviction. Due to the wording “all members,” this could mean Estrada and Dela Rosa may still be counted in computing the required threshold. Two-thirds of 24 is still 16. – Rappler.com