Commission on Elections (Comelec) chairperson George Erwin Garcia said on Tuesday that detained Senator Jinggoy Estrada may still run in the 2028 elections unless there is a final verdict in his plunder case.

“As long as a person has not been convicted by final judgment of a crime punishable by more than one year, they may run,” Garcia said.

“If there is no final decision and no restraining order from the high court furnished to the Commission on Elections, the name will be included in the list,” he added.

No DQ yet

He added that if the conviction comes from a lower court, there is no reason to disqualify a person from running for public office, underscoring that the Constitution provides that everybody is presumed innocent until proven guilty.

Estrada was arrested after surrendering to authorities in connection with a plunder case filed before the Sandiganbayan. He was taken into custody by authorities led by Interior Secretary Jonvic Remulla at the Senate building on 1 June.

Estrada was elected in 2022 and is set to complete his six-year term as senator in 2028.