The Sandiganbayan Third Division on Monday, July 6, issued warrants of arrest and hold departure orders (HDOs) against Senator Rodante Marcoleta and three others after finding probable cause in the plunder case filed against them by the Office of the Ombudsman (OMB)

During a press briefing, Third Division Chairperson Associate Justice Karl Miranda announced that the anti-graft court had issued the orders in Crim. Case No. E-SB-2-CRM-0018 for Plunder under Republic Act No. 7080 against Marcoleta, former lawmaker Michael “Mike” Defensor, businessmen Joseph Varias Espiritu and Aristotle Baluyot Viray.

“The Sandiganbayan Third Division composed of Associate Justice myself, Associate Justice Ronald D. Moreno, Associate Justice Fritz Brian Anthony Delos Santos issued today, July 6, 2026, warrants of arrest and hold departure order in Criminal Case E-SB-2-CRM-0018 for plunder against Senator Rodante Dizon Marcoleta, Michael Tan Defensor, Joseph Varias Espiritu, and Aristotle Baluyot Viray,” he said.

Miranda stressed that the issuance of the warrants merely means the court found probable cause based on its evaluation of the records and should not be construed as a finding of guilt.

“The issuance of the warrant of arrest signifies only that after evaluating the records, the Court found probable cause to believe that the accused committed the offense charged,” he said.

He explained that probable cause exists when the facts and circumstances “would lead a reasonably discreet and prudent person to believe that an offense has been committed by the persons to be arrested.”

Likewise, Miranda underscored that the constitutional presumption of innocence remains in favor of the accused.

“Let me stress, ‘yung (the) warrant of arrest does not constitute a determination of guilt. Hindi pa guilty ’yan (They are not yet guilty). All the accused continue to enjoy the constitutional presumption of innocence until their guilt is proven beyond reasonable doubt,” he said.

He added that the court’s actions are guided only by the Constitution, the law, and the evidence presented before it.

“Again, the Court’s proceedings are governed solely by the Constitution, the applicable laws, and the evidence properly presented before it,” Miranda said.

The associate justice likewise reminded the defense lawyers, prosecutors, and Marcoleta himself, who is also a lawyer, of their responsibilities as officers of the court.

“The Court would want to remind the counsel who have appeared for the accused and even Senator Rodante Marcoleta, who himself is a lawyer, that as officers of the Court, they are duty-bound, together with the prosecutors, to uphold the integrity and administration of justice, to ensure compliance with lawful orders of the Court, to conduct themselves and all persons acting under their direction with fairness, order, dignity, and full respect for the rule of law and the Courts,” he said. 

Miranda said the senator and his three co-accused will be committed to the New Quezon City Jail in Payatas. 

During the earlier hearing, the Sandiganbayan Third Division denied the motions filed by the camps of Marcoleta and his co-accused, seeking to suspend or defer the issuance of their warrants of arrest.

The anti-graft court said it had already determined the existence of probable cause and had decided to issue the warrants of arrest before the respondents filed their respective motions.

Specifically, the court denied Marcoleta’s motion to suspend the proceedings and/or the issuance of a warrant of arrest, Defensor’s motion to defer the issuance of a warrant of arrest and other proceedings, and Espiritu’s similar motion to defer the issuance of a warrant and other proceedings.

Meanwhile, the Sandiganbayan gave the prosecution three days to file a supplemental comment or opposition to the motions to quash filed by Marcoleta, Defensor, and Espiritu, should it deem necessary, or to inform the court that it would no longer do so.

The court also granted the defense’s request for three days to file a reply after receiving the prosecution’s submission.

Around 10 a.m., Marcoleta, escorted by Criminal Investigation and Detection Group (CIDG) personnel, went to the courtroom of the Third Division for the “return of warrant.” 

After that, Marcoleta, who seemed composed and calm, briefly addressed the media and said he respects the Sandiganbayan’s issuance of a warrant of arrest against him over the plunder case he is facing.

“Una muna, bago pa ako mag-statement, una sa lahat, nakita niyo naman, ako, sa gaya ng sinabi ko sa inyo noon, palagi tayong nagpapasakop sa batas. Lahat ng umiiral na tuntunin o batas ng ating bansa, kailangan nating igalang (First of all, before I make a statement, as I have always told you before, we always submit ourselves to the law. We must respect all existing rules and laws of our country),” he said.

The senator noted he personally appeared before the Sandiganbayan because his motion to quash.

He also thanked the anti-graft court for promptly setting the motions for hearing, saying it showed that due process was being observed.

“So ang sabi ng Sandiganbayan, meron na silang determination of probable cause kaya sila nag-issue ng warrant of arrest. Igalang natin ’yun (The Sandiganbayan said it had already determined that probable cause exists, which is why it issued the warrant of arrest. We should respect that),” said Marcoleta.

The senator said, however, that his motion to quash would still go through the proper legal process, adding that his lawyers hold a different view of the allegations against him and are contesting the case through available legal remedies.

“Kaya mayroon naman kaming motion to quash. Binigyan naman yun. At alam ko naman yun ay bibigyan daan pa rin. Ibig sabihin, ipoproseso pa rin ang aming motion. Dahil ah, siyempre kami naman, mayroon kaming ibang pananaw doon sa asuntong ah, ipinahal sa amin (That is why we have a motion to quash. It has been given consideration, and I know it will still be given due course. In other words, our motion will still be processed. Of course, we have a different perspective on the case that has been filed against us),” he said.

“So ang aking mga abogado ay gumawa rin ng paraan para sa ganoon ay counter naman yung asunto. ‘Yun ang ibig sabihin ng motion to quash. ‘Yan ay pagbibigyan tayo ng Sandiganbayan. Kaya lang kailangang dumaan sa proseso at nauna na determined na yung probable cause kaya nag-issue na po sila ng warrant of arrest (So my lawyers have also taken measures so that the case against us can be countered. That is the purpose of the motion to quash. The Sandiganbayan will give it due course. It simply has to go through the proper process, but the determination of probable cause came first, which is why it has already issued the warrant of arrest),” he went on.

Marcoleta, accompanied by CIDG personnel and Department of the Interior and Local Government (DILG) Secretary Jonvic Remulla, left the premises of Sandiganbayan around 11 a.m.

While the senator was at the Sandiganbayan, security officers placed the whole anti-graft court on lockdown, citing “security reasons.”

The plunder case stems from charges filed by the Office of the Ombudsman (OMB) last July 3 alleging that Marcoleta received P75 million in undeclared donations while he was still serving as a congressman. 

Also, the anti-graft body filed separate criminal cases against the respondents for alleged violations of Presidential Decree No. 46, or the Anti-Graft and Corrupt Practices law on gifts.

In an earlier statement, the OMB said the decision to bring the case before the Sandiganbayan “was not a decision made lightly or by choice,” stressing that the evidence gathered by investigators left the anti-graft body with no option but to pursue criminal charges.

The filing came days after the Iglesia ni Cristo (INC), of which Marcoleta is a member, held a surprise rally along EDSA following the Ombudsman’s announcement that it would file plunder charges against the senator this week. The rally began on June 30 and concluded on July 2.

The evidence, according to the Ombudsman, includes three cash donations totaling P75 million that were allegedly not declared in Marcoleta’s Statements of Assets, Liabilities and Net Worth (SALNs) and campaign finance reports.

As such, the OMB noted that Marcoleta himself had publicly acknowledged receiving the money, saying the fact of receipt is not disputed and may even be stipulated at the start of the trial.