Gatchalian says Marcoleta, Estrada suspension ‘on hold’ amid pending motions

Senate President Sherwin “Win” Gatchalian said Sunday that he had not yet implemented the suspensions of Senator Rodante Marcoleta and Senator Jinggoy Estrada in view of their respective motions for reconsideration filed before the Sandiganbayan.

The senator explained that he was merely following a practice that had been undertaken in the past in consideration of suspension orders from the law enforcement and judicial branches of government for members of the Senate.

“I got letters from Senator Jinggoy and Senator Marcoleta for me to hold in abeyance their suspensions because from the information that we got from their staff, they will file a motion for reconsideration,” Gatchalian explained in a radio interview on DZBB.

“That was the practice in the past and that is what we are following now,” he added.

Gatchalian mentioned that suspension orders were not immediately executory upon receipt, and that they would be waiting on the final decision for the motion for reconsideration before he implements the order.

Even without the suspension, the Senate President said that both detained senators were no longer receiving their salary and funds for maintenance and other operating expenses (MOOE).

He stated that the only funds that were being provided to Marcoleta and Estrada was for the salary of their staff.

The two senators, both of whom are detained at the New Quezon City Jail - Male Dormitory in Payatas, were suspended midway through October for separate criminal charges at the Sandiganbayan.

Marcoleta was charged with plunder and three counts of violation of the anti-gift giving law by the Office of the Ombudsman last July for his receipt of P75-million in alleged campaign donations in 2025. His three donors were also detained.

The Sandiganbayan Third Division issued his 90-day preventive suspension last 19 October.

Estrada, meanwhile, was suspended by the Sandiganbayan Fifth Division on 12 October for his pending plunder and graft related charges linked to his alleged receipt of infrastructure kickbacks from flood control projects of the Department of Public Works and Highways.

It marked the second time that the senator was suspended, after the anti-graft court’s Second Division suspended him in June for similar allegations.

Legarda return uncertain

Aside from Marcoleta and Estrada, Gatchalian said that the salary and MOOE funds of Senator Loren Legarda had also been paused due to her continued absence from Senate sessions due to medical concerns.

Gatchalian mentioned that he had no information on when Legarda planned to return to the country as she was extending her medical leaves on a weekly basis.

He would note that he had managed to communicate with his colleague through text to check-in on the status of her medical condition.

“Through texts, I ask about her condition and I tell her, of course, that we are all praying for her condition, but only up to that,” Gatchalian said.

Legarda has been absent from Senate sessions since 3 August and is reportedly in France accompanied by her son, Batangas Rep. Leandro Leviste, where she is undergoing medical treatment for lung and auto-immune related conditions.