Palace says Estrada was arrested, not surrendered

Malacañang on Tuesday clarified that Sen. Jinggoy Estrada was arrested pursuant to a valid warrant and did not voluntarily surrender, reversing earlier characterizations of the incident.

Presidential Communications Office Undersecretary Claire Castro said law enforcement officers were already at the Senate to serve the warrant of arrest before Estrada held a press conference and requested time to address the media.

"Sinabi niya na siya ay magbo-voluntary surrender. Pero lumalabas po, ayon na rin po kay Secretary Jonvic Remulla, nandoon na po sila sa Senado to serve the warrant of arrest. So, mag-aaresto na po sila at humingi na lamang po ng pagkakataon itong Senator Jinggoy na kung siya ay maaari pang magbigay ng statement," Castro said.

According to Castro, the warrant had already been served before Estrada's public statement, making the incident an arrest rather than a voluntary surrender.

She also backed the position of Interior Secretary Jonvic Remulla, who earlier argued that Estrada had been arrested and not voluntarily yielded to authorities.

Castro further claimed that Senate President Alan Peter Cayetano effectively negated any claim of voluntariness when he sought additional time before Estrada was escorted from the Senate premises.

The Palace official also stressed that lawmakers are aware that senators may be arrested for offenses carrying penalties of more than six years' imprisonment, despite constitutional protections afforded to members of Congress while Congress is in session.

Under Article VI, Section 11 of the 1987 Constitution, senators and members of the House of Representatives are privileged from arrest during sessions of Congress only for offenses punishable by imprisonment of six years or less. The protection does not apply to serious crimes such as plunder.

Castro likewise criticized Cayetano's description of the incident as a test of Senate independence.

"Independence from what? Ano ba ang pinapalagan ni Senator Alan Cayetano. Saan ba nakialam ang Pangulo?" Castro said, maintaining that the service of a valid arrest warrant does not constitute interference by the Executive branch.

She argued that cooperation among government institutions is necessary for the proper enforcement of the law and that no branch of government should be exempt from legal processes.

The exchange comes amid continuing debate over the arrest of Estrada in connection with plunder and graft charges and the broader implications of the case for relations between the Senate and the Executive branch.