good question tsquare! i am not aware of our laws on election. but i can only share my logical views. Correct me if im wrong, but i think these statements are logical....
1. The first thing that we should have is a clean, honest election. - If we have this, do u think mananalo yung accused rapist? U wouldn't vote for an accused rapist, would u? UNLESS HE IS A VICTIM OF A POLITICAL MUDSLING. In this case, his constituents will be the ones to judge him. After all, his constituents will either reap the fruits of his projects or take the consequences for voting him.
If you've been watching prisonbreak, u will learn how politicians make stories to destroy political enemies. You will also learn that it is so unfair to judge an accused person without proving his guilt. Remember, even judges commit mistakes, and sometimes submit to temptation- they are only human. Now back to the elections - his constituents will be the ones to judge him.
2. In the case of political prisoners, (again, granting that we have a clean and honest election). Then it is not for the courts to decide whether or not they are fit for the position. Yung voters pa rin kasi nga....they will either reap the fruits of his projects or take the consequences for voting him.
Now for the answer to your question, let me give you Trillanes as an example. If he wins this election, whether he is found guilty or not, logically he has to sit as a senator because the people voted for him d b? Maybe he will be sentenced to death, but as long as he lives, he has to serve the people who voted for him.