Sen. Francis “Chiz” Escudero, Impeachment Court Presiding Officer, on Monday, July 20, referred Senator-judge Rodante Marcoleta’s request to be allowed to vote in the impeachment trial of Vice President Sara Duterte to the Senate.

This, after Escudero disclosed during the seventh (7th) day of the trial that the Senate Impeachment Court is in receipt of Marcoleta’s letter of manifestation asking that his vote be considered in the proceedings despite being detained.

According to Escudero, Marcoleta in his manifestation, cited a rule supposedly made during the impeachment trial of former president Joseph Estrada that allowed senators who cannot vote in person to still be able to do so.

But the presiding officer referred the matter to the Senate, which as a legislative body, can amend the rules of the Impeachment Court. The Senate is set to resume regular sessions on July 27, 2026.

“The Presiding Officer of this (Impeachment) Court will not act on it at this time, but instead since we will be resuming next week, we’ll be referring this matter to the Senate as a legislative body, given that it would be the Senate that would be amending the rules to allow participation through a vote,” Escudero stated.

“Because apparently, as pointed out by senator-judge Marcoleta during the Estrada impeachment trial, a rule was adopted—which we are confirming—that allows the Senate President to provide a mechanism by which a senator who cannot vote under any unavoidable circumstances to cast his vote on any matter,” the senator said.

Escudero noted that since Marcoleta’s request “impinges upon the rules of the impeachment court,” the matter should be properly taken up by the Upper Chamber as a legislative body.

“And whatever decision the Senate will have as a legislative body, the court shall implement it,” he added.

Nevertheless, Escudero said that once the Senate convenes as a legislative body, he is inclined to agree with the suggestion of Marcoleta “for as long as there’s no suspension according to him.”

Marcoleta, who is currently detained at the New Quezon City Jail, is facing non-bailable plunder charges before the Sandiganbayan for alleged non-disclosure of P75-million in campaign donations.

Aside from Marcoleta, Sen. Jinggoy Estrada is also facing charges of graft and corruption in connection to his alleged involvement in the flood control scandal. Estrada, however, has been slapped with a 90-day preventive suspension that took effect last June 16, 2026.

During the impeachment proceedings, Senator-judge Alan Peter Cayetano said Estrada may have already brought the Sandiganbayan’s denial of his bid to attend the trial up to the Supreme Court.