The Sandiganbayan has ordered Senator Rodante Marcoleta to justify why he should not face a preventive suspension while his plunder charge moves forward in the anti-graft tribunal.
In a two-page directive issued on July 22, the court’s Third Division instructed Marcoleta, through his legal team, to submit his explanation within a strict, non-extendible window of 10 days upon receipt.
“Pursuant to Section 5 of Republic Act No. 7080, as amended, otherwise known as the Anti-Plunder Act, and Section 4, Rule VIII of the 2018 Revised Internal Rules of the Sandiganbayan, accused Senator Marcoleta, through counsel, is given a non-extendible period of ten (10) days from notice hereof within which to explain why he should not be preventively suspended from office as an incumbent member of the Philippine Senate,” the court said.
The order came shortly after Marcoleta entered a plea of not guilty on Wednesday, July 22, to charges of plunder and violations of Presidential Decree (PD) No. 46, commonly known as the anti-gift law.
The senator denied the plunder charge under Republic Act No. 7080, which stems from allegations that he accepted ₱75 million in undeclared donations.
He likewise rejected the charge under PD No. 46, a statute that penalizes public officers for receiving gifts or financial perks tied to their official capacity.
Marcoleta’s formal arraignment took place after he withdrew a prior motion to quash the plunder case. His defense counsel sought the withdrawal so the lawmaker could be arraigned on both charges concurrently, citing humanitarian grounds and a desire to expedite the judicial process.
In the companion PD No. 46 case, Marcoleta and businessman Joseph Espiritu stand accused over the alleged transfer and receipt of ₱25 million. State prosecutors contend that Espiritu provided the funds to Marcoleta during his tenure as a SAGIP Party-list representative in the House, allegedly in connection with his position. Espiritu also entered a not guilty plea.
Additionally, Marcoleta’s co-defendants in the plunder case—former Anakalusugan Party-list Representative Mike Defensor and businessmen Joseph Espiritu and Aristotle Viray—pleaded not guilty during their earlier arraignment on July 15.
The legal proceedings stem from a non-bailable plunder case filed by the Office of the Ombudsman on July 3, which accuses Marcoleta of obtaining ₱75 million in unreported donations while serving in the House of Representatives.
The Ombudsman concurrently lodged three separate criminal counts for PD No. 46 violations against the lawmaker and the individuals implicated in making the donations.