Why holding a Senate seat does not cancel court custody, preventive suspension, or the need for judicial permission to join an impeachment vote.
Senators Rodante Marcoleta and Jinggoy Estrada still hold seats in the Senate, but that does not mean they can exercise every power of those seats while detained. The distinction matters now because both want to take part in the impeachment trial of Vice President Sara Duterte.
Marcoleta says he can vote because he has not been preventively suspended. Estrada has also maintained that he remains a senator-judge. Their allies argue that excluding them would deny their constituents representation and leave the impeachment court incomplete.
But neither a Senate title nor a political demand opens a jail door. Both men are under the custody of the Sandiganbayan in separate plunder cases. Existing law, court rules and Supreme Court decisions place real limits on what a detained official may do. Those limits do not declare either senator guilty. They simply answer who controls their movement and whether public office can be performed from detention.
Here are the five things that matter.