Whether Senator Rodante Marcoleta voluntarily surrendered or was arrested after the Sandiganbayan issued a warrant against him is a matter for the anti-graft court to decide, the Department of Justice (DoJ) said Monday, stressing that the distinction becomes significant only if he is eventually convicted.

Justice Undersecretary Nicholas Felix Ty said Marcoleta’s appearance before the Sandiganbayan to file a motion to quash shortly before the warrant was served does not automatically qualify as a voluntary surrender.

“We will leave it to the court whether it was an arrest or a voluntary surrender. What’s important is that this is how the court acquires jurisdiction over the accused. It’s either through arrest or voluntary surrender,” Ty said.

He noted that cases are not always clear-cut, particularly when an accused appears before the court around the same time that a warrant is served.

“Sometimes, the timeline of the accused going to court and the service of the warrant of arrest is very close. If that’s the case, we will let the court decide whether it was an arrest or a voluntary surrender,” he said.

Ty emphasized that, regardless of how it is ultimately characterized, the court has acquired jurisdiction over Marcoleta.

He explained that the distinction mainly affects the possible appreciation of voluntary surrender as a mitigating circumstance if the accused is later convicted.

“If the accused is convicted, the mitigating circumstance of voluntary surrender may be considered in determining the penalty to be imposed,” Ty said.

He added that the issue has no bearing on bail, as courts determine eligibility for bail based on the nature of the offense charged and the imposable penalty, not on the mitigating circumstances.

Marcoleta faces a plunder charge before the Sandiganbayan in connection with donations made allegedly to his 2025 campaign for the Senate that he did not declare and that exceeded the threshold amount for plunder.