Sandiganbayan asks Senator Marcoleta to explain why he should not be suspended

The Sandiganbayan has given Senator Rodante Marcoleta 10 days to explain why he should not be placed under preventive suspension while standing trial for plunder before the anti-graft court.

In a two-page order dated July 22, the Sandiganbayan Third Division directed Marcoleta, through his legal 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 was issued a day after Marcoleta entered a not guilty plea to charges of plunder and violation of Presidential Decree No. 46, or the anti-gift law, during his arraignment before the court's Third Division.

The senator denied the plunder charge under Republic Act No. 7080 over an alleged P75 million in undeclared donations. He also pleaded not guilty to violating PD No. 46, which bars public officials from accepting gifts or benefits by reason of their office.

His arraignment pushed through after he withdrew his motion to quash the plunder case. Marcoleta's lawyer requested the withdrawal so that the senator could be arraigned simultaneously in both the plunder and anti-gift cases, citing humanitarian grounds to speed up the proceedings.

In the PD No. 46 case, businessman Joseph Espiritu is accused of allegedly giving Marcoleta P25 million while the latter was serving as SAGIP Party-list representative in the House of Representatives. Prosecutors alleged the money was given because of Marcoleta's official position. Espiritu also pleaded not guilty.

Meanwhile, Marcoleta's co-accused in the plunder case—former Rep. Mike Defensor and businessmen Joseph Espiritu and Aristotle Viray—had already entered not guilty pleas during their arraignment on July 15.

The Office of the Ombudsman filed the non-bailable plunder case before the Sandiganbayan on July 3, accusing Marcoleta of receiving P75 million in alleged undeclared donations while serving as a congressman. The anti-graft office also lodged three separate criminal cases against the senator and his alleged donors for violation of the anti-gift law.

-Paraluman News