Sandiganbayan orders Marcoleta to explain why he should not be suspended from Senate
By Jel Santos
At A Glance
- In a two-page order dated July 22, the Sandiganbayan Third Division directed Marcoleta, through his counsel, to submit his explanation within a non-extendible period of 10 days.
(SANTI SAN JUAN/MB FILE PHOTO)
The Sandiganbayan has ordered Senator Rodante Marcoleta to explain why he should not be preventively suspended from office while facing plunder charges before the anti-graft court.
In a two-page order dated July 22, the Sandiganbayan Third Division directed Marcoleta, through his counsel, to submit his explanation within a non-extendible period of 10 days.
“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 after Marcoleta pleaded not guilty on Wednesday, July 22, to plunder and violation of Presidential Decree (PD) No. 46, or the anti-gift law, before the Third Division.
He denied the plunder charge under Republic Act No. 7080 involving an alleged P75 million in donations, as well as the PD 46 charge, which prohibits public officials from receiving gifts or benefits by reason of their official position.
(MB FILE PHOTO)
The arraignment proceeded after Marcoleta withdrew his motion to quash the plunder case.
His lawyer asked the court to allow the withdrawal so the senator could be arraigned in both the plunder and PD 46 cases on the same day, citing humanitarian reasons for expediting the proceedings.
In the PD 46 case, Marcoleta and businessman Joseph Espiritu are accused of the alleged giving and receiving of P25 million.
Prosecutors alleged that Espiritu gave the money to Marcoleta, who was then the representative of SAGIP Party-list in the House of Representatives, by reason of the latter’s official position or function. Espiritu pleaded not guilty.
On the other hand, Marcoleta’s co-accused in the plunder case, former Rep. Mike Defensor and businessmen Espiritu and Aristotle Viray, earlier entered not guilty pleas during their arraignment on July 15.
On July 3, the Office of the Ombudsman lodged before the Sandiganbayan a non-bailable plunder case against Marcoleta, accusing him of receiving an alleged P75 million in undeclared donations while he was still a congressman. The anti-graft office also filed three separate criminal cases for violation of PD No. 46 against the senator and his alleged donors.