Senator Jinggoy Estrada remains out of detention for now, even as a plunder case against him moves forward before the Sandiganbayan, since the anti-graft court has yet to issue a warrant of arrest.

At present, the only warrant issued against Estrada covers a graft charge, which is bailable under Philippine law. His plunder case, however, is still pending before the Sandiganbayan’s Fifth Division. If a warrant is eventually issued, the offense could lead to detention without bail, depending on how the court assesses the evidence.

The case stems from allegations by the Office of the Ombudsman that Estrada received around P573 million in kickbacks from infrastructure projects nationwide. The Sandiganbayan has not yet acted on the plunder charge as it continues to resolve motions filed by the senator’s camp, including a plea to recall the arrest warrant.

A motion to recall a warrant is a legal remedy that asks the court to stop or cancel an arrest order, but it does not automatically clear the accused. It simply allows proceedings to continue while preserving the accused’s right to pursue other remedies.

For now, uncertainty remains over where Estrada would be detained should a warrant be issued. Some online observers have speculated he could be placed in the same facility as former Senator Ramon “Bong” Revilla Jr. at the New Quezon City Jail Dormitory in Payatas. However, the final decision rests solely with the Sandiganbayan.

Revilla is currently facing trial for malversation and graft in connection with an alleged P92.8-million ghost flood control project in Bulacan.

He has posted bail for his graft charge but remains in detention while the court has yet to resolve his petition for bail in the malversation case.

Estrada and Revilla were previously cellmates at the Philippine National Police Custodial Center in Camp Crame in 2014 when they were implicated in the pork barrel scam. Revilla was later acquitted of all charges in that case in 2021, while Estrada still faces 11 graft counts before the same Sandiganbayan division handling his plunder case.

The senator’s latest case marks the third time he has been accused of plunder. His first came in 2001, when he was named as a co-conspirator in the “jueteng” case involving his father, former President Joseph “Erap” Estrada.

In a Facebook statement, Estrada denied the allegations, saying the complaint lacked a clear basis and was not grounded in truth. He added that he respects the rule of law and the Sandiganbayan’s jurisdiction, and will pursue all legal remedies to clear his name.

“I am hoping for fair treatment, due process, and for no bias in the trial of this case. I am trusting that in the end, justice and truth will prevail,” Estrada said in Filipino.

For now, no timetable has been set for the possible issuance of a warrant in the plunder case, leaving Estrada temporarily free while the court continues to resolve pending motions.