He indicated that he was targeted because he was determined to continue his probe of the country’s largest corruption scandal involving anomalous flood control projects.
His campaign donors, former congressman Mike Defensor and businessmen Joseph Espiritu and Aristotle Viray, were likewise similarly charged.
Aside from the plunder charge, which is non-bailable, the Ombudsman also flagged his receipt of the donations as a violation of Presidential Decree 46, the act that criminalizes both the receipt of gifts by public officials and the offer made by the individuals who provided them.
In a statement, the Office of the Ombudsman maintained that the actions constituted a crime, particularly with the non-disclosure of the amount on Marcoleta’s Statement of Assets, Liabilities, and Net Worth and Statement of Contributions and Expenditures.
Not provided in plunder law
“I used to hold the chairmanship of the Senate Blue Ribbon Committee and I was tasked to do just that. And because there are so many culprits behind this scandal, they will do everything possible to stop me from succeeding in investigating this massive looting of our national treasury,” Marcoleta said.
According to him, the plunder law is about amassing ill-gotten wealth.
“It’s a serious crime. It is not about, you know, securing election financial support from friends. This is not contemplated in our plunder law. That is why I am quite sure that this particular charge, if they will pursue it, will be junked by the court in due time,” he said.
“I received those amounts before the campaign and election period. That is why I treated them as donations and my donors even paid the donors tax and these are all legal,” he added.
Marcoleta said he believes the charges against him and his donors are connected to the impeachment trial of Vice President Sara Duterte which is set to begin on 6 July.
“And because plunder is non-bailable, it will surely be served within this week, and I will be arrested and therefore will not be able to participate in the impeachment trial,” he said.
He warned that the mass protests would intensify “because the people know that these charges are fabricated and they are harassment suits.”
From last Tuesday until Thursday, members of the Iglesia ni Cristo staged protest rallies at the People Power Monument in Quezon City and the Liwasang Bonifacio in Manila in support of Marcoleta who is a member of the sect.
Marcoleta said the election donations were private funds and was not ill-gotten wealth.
“They have nothing to do with public funds, with public projects, or public contracts for which I am not responsible,” he said.
Undisputed facts
The Ombudsman said “these facts are not in dispute; the senator has publicly confirmed receiving the money, and this can be stipulated at the onset of the trial.”
“We took an oath to enforce the law regardless of who is involved, and that oath does not waver for popularity, position, or personal relationships,” it added.
Aside from addressing the case, the Ombudsman also dwelled on the recent protests by members of the INC.
It said that it recognized that groups had the right to organize and air their sentiments when it came to seeking accountability and transparency from public servants, including the Office of the Ombudsman.
It stressed, however, that it was also important that the ultimate determination of whether an individual accused of a crime was guilty or innocent be made through the evidence and the law.
“Senator Marcoleta retains the presumption of innocence and has every right to defend himself before the Sandiganbayan. We did not choose this fight. But when the law leaves no room for silence, silence is not an option,” the Ombudsman statement read.
Raffle of cases held
The Sandiganbayan anti-graft court concluded the raffle of cases against Marcoleta and his three co-accused on Friday, 3 July.
The case of plunder was raffled off to the Third Division which is also currently handling the trial of former Senator Ramon “Bong” Revilla and several former officials of the Department of Public Works and Highways who were linked to a P92.8-million anomalous flood control project in Pandi, Bulacan.
Meanwhile, the three other cases where Marcoleta was accused along with Defensor, Espiritu and Viray were raffled off to the 4th, 6th and 1st Divisions, respectively.
Notably, a case being raffled to a particular Sandiganbayan court does not necessarily mean that an arrest warrant has been issued for an accused.
