Malacañang has rejected Senate Minority Leader Alan Peter Cayetano's claim that the government was practicing "selective justice," saying the courts—not politicians—decide whether detained senators may be granted bail or participate in official proceedings.

Presidential Communications Office (PCO) Undersecretary Claire Castro said this after Cayetano asserted that Senators Jinggoy Estrada and Rodante Marcoleta were "political prisoners."

In a Palace briefing on Wednesday, July 29, Castro said Cayetano’s remarks reflected only his personal belief and did not bind the Sandiganbayan, which has jurisdiction over their cases.

"Kung iyan po ang kaniyang paniniwala, hindi naman din po siguro ito ang paniniwala ng Sandiganbayan (If that is his belief, it is not necessarily the belief of the Sandiganbayan),” she said.

Castro added that if Cayetano believed the charges against the two senators were politically motivated, he was free to represent them in court, while stressing that the prosecution had presented evidence that the accused could challenge during trial.

In his so-called “Kontra-SONA,” Cayetano questioned whether justice was being applied equally, saying Senator Ronald "Bato" dela Rosa was "fleeing unjustly from justice" while Estrada and Marcoleta were "political prisoners" who, in his view, should have been allowed to post bail and participate in the impeachment proceedings against Vice President Sara Duterte.

Castro also pushed back against Marcoleta's manifestation seeking permission for him and Estrada to participate in the impeachment trial despite their detention, saying such an arrangement would effectively give them privileges unavailable to other detained professionals.

"Kung ganoon ang mangyayari at papayagan sila at magkakaroon ng special treatment, maaaring lahat ng nagtatrabaho na nakakulong ay hayaan na ring magtrabaho habang nakakulong (If that happens and they are allowed to do so, receiving special treatment, then all detained professionals should likewise be allowed to continue working while in detention),” she said.

The Palace Press Officer said the Sandiganbayan had previously ruled against granting what it described as "virtual freedom" to detained persons and noted legal opinions that public officials facing graft-related cases, including plunder, should remain suspended while their cases are pending.

Castro likewise maintained that whatever action the Senate impeachment court may take on Marcoleta's manifestation, jurisdiction over the detained senators remains with the Sandiganbayan.

Estrada is detained while facing plunder charges in connection with alleged congressional insertions and kickbacks tied to flood control projects, while Marcoleta is facing a separate plunder case before the Sandiganbayan over allegations involving undisclosed campaign contributions and related offenses, both of which they have denied.

Dela Rosa, meanwhile, remains the subject of an arrest warrant issued by the International Criminal Court (ICC) in connection with its investigation into killings linked to the Duterte administration's anti-drug campaign, although Philippine officials have maintained varying positions on the country's cooperation with the tribunal.