Sandiganbayan imposes 90-day preventive suspension vs Marcoleta

MANILA (UPDATED) — The Sandiganbayan Third Division on Monday ordered a 90-day suspension of Sen. Rodante Marcoleta in connection with his plunder charge.

Marcoleta faces charges of plunder and violation of Presidential Decree No. 46, which prohibits public officials from receiving gifts in connection with their official duties.

The court’s Third Division, chaired by Associate Justice Karl Miranda, promulgated the resolution on Monday suspending Marcoleta from his senate post.

The court said the formal charges were valid and sufficiently alleged the elements of the cases. 

In the plunder case, the prosecution alleged that Marcoleta, then a SAGIP party-list representative, amassed ill-gotten wealth by receiving gifts or donations worth P75 million from former lawmaker Mike Defensor and businessmen Joseph Espiritu and Aristotle Viray by reason of his official position. 

In the separate case involving Presidential Decree No. 46, it alleged that Espiritu gave Marcoleta P25 million in connection with the lawmaker’s official position or functions.

Marcoleta’s arguments concerning his freedom of expression, political participation and equal protection of the laws are matters to be threshed out during trial, the court said.

It also dismissed his argument that the Commission on Elections, and not the anti-graft court, has jurisdiction over election contributions.

“These are separate cases and may proceed independently from election cases under the jurisdiction of the Comelec,” the court said.

The court added that the suspension will not impair the Senate, noting the chamber can continue to function and that its committees can carry on their work through their remaining members.