With the only arrest warrant issued against Senator Jinggoy Estrada by the Sandiganbayan pertaining to a graft case, he currently remains on temporary liberty while his separate plunder case is still pending before the anti-graft court's Fifth Division.
Unlike graft, which is bailable with a bond of P90,000, a plunder charge may result in detention without bail if the court finds that the evidence of guilt is strong.
The cases against Estrada stem from allegations by the Office of the Ombudsman that he received P573 million in kickbacks from various infrastructure projects across the country in 2025.
As of now, the Sandiganbayan has not issued an arrest warrant for the plunder case. Presiding Justice Geraldine Faith Econg said the court is still deliberating on motions filed by Estrada's camp.
One of the motions cited by Estrada's lawyer, Noel Ostrea, during an ambush interview on 29 May was a petition seeking the withdrawal of the arrest warrant.
Under Philippine law, such a motion asks the court to recall or quash a warrant and prevent the immediate arrest of the accused while legal remedies are pursued.
However, the filing of such a motion does not imply innocence. It merely allows an accused to continue participating in legal proceedings without being taken into custody while the court resolves the matter.
If a warrant is eventually issued, questions have arisen regarding where Estrada would be detained.
Some social media users have speculated that the senator could join former senator Ramon Bong Revilla Jr. at the New Quezon City Jail Dormitory in Payatas, where Revilla is currently detained while facing charges of malversation and graft linked to a P92.8-million "ghost" flood control project in Bulacan.
Revilla, who posted bail for his graft charge, has remained in detention since February after the Sandiganbayan deferred action on his petition for bail in the malversation case.
The two senators were previously detained together at the Philippine National Police Custodial Center in Camp Crame in 2014 after being implicated in the multibillion-peso pork barrel scam.
While Revilla was acquitted of charges related to the case in 2021, Estrada continues to face 11 counts of graft before the same division handling his plunder case.
Ultimately, any decision regarding Estrada's detention would rest with the Sandiganbayan, which has the authority to determine where an accused public official will be held.
Even after a detention facility is designated, a defendant may still seek a transfer if there are concerns regarding security or health.
For now, no timeline has been announced on whether an arrest warrant will be issued in the plunder case.
The latest charge marks the third time Estrada has faced a plunder allegation. The first was filed in 2001, when he was accused of being a co-conspirator in the jueteng scandal involving his father, former president Joseph Estrada.
In a Facebook statement issued hours before posting bail, Estrada denied the allegations, saying they lacked factual basis.
He also said he respects the rule of law and the jurisdiction of the Sandiganbayan and intends to pursue all available legal remedies.
“Umaasa ako sa patas na pagtrato, due process, at pagiging walang kinikilingan sa pagdinig ng kasong ito. Nagtitiwala ako na sa huli, mananaig ang hustisya at katotohanan,” he wrote.
