Former Anakalusugan Party-list Representative Mike Defensor and businessman Joseph Espiritu have appealed to the Sandiganbayan to grant them bail in connection with the ₱75-million plunder case involving Senator Rodante Marcoleta.
In a five-page petition submitted to the anti-graft court’s Third Division, the pair argued for their temporary release, asserting that the prosecution has failed to demonstrate that the evidence against them is strong.
Represented by legal counsel led by Laurence Hector Arroyo of the Flaminiano Arroyo & Dueñas law office, the defense cited the 1987 Constitution, which stipulates that an accused individual may only be denied bail if the evidence of guilt is strong.
“Consistent with the presumption of innocence enjoyed by the accused, the prosecution bears the burden of proving that evidence of guilt is strong,” the petition stated.
“Unless this high burden is met, an accused is entitled to bail as a matter of right,” it added.
The motion emphasized that this constitutional provision is designed to evaluate the likelihood of a defendant absconding during trial.
“The rationale is that, if evidence of guilt is strong, the accused has a greater incentive to flee. On the other hand, if the evidence of guilt is not strong, there is a little risk of flight, and the accused is entitled to bail as a matter of right,” the motion said.
Defensor and Espiritu further clarified that the arrest warrants previously issued by the Sandiganbayan were based merely on probable cause, which does not equate to the standard of proof required to deny bail.
“Here, there has been no showing that the evidence against either accused Defensor or Espiritu is strong. The honorable court issued warrants of arrest against them on the basis merely of ‘probable cause,’ which is a much lower standard of proof than ‘strong’ evidence,” the petition noted.
Both individuals stated their willingness to post whatever bail amount the court deems necessary.
The charges stem from Ombudsman allegations that Defensor contributed ₱30 million and Espiritu provided ₱25 million to Marcoleta’s 2025 senatorial campaign.
Investigators allege those funds—along with a ₱20-million donation from businessman Aristotle Viray—constitute the ₱75 million in ill-gotten wealth linked to Marcoleta.