Sandiganbayan consolidates trial on plunder, gift-giving cases vs Marcoleta, Espiritu

The cases of plunder and violation of Presidential Decree No. 46 filed against Senator Rodante Marcoleta and businessman Joseph Espiritu were officially consolidated at the Sandiganbayan.

While giving the order in conclusion of a hearing on the plunder case at the anti-graft court’s Third Division on Friday, 10 July, Associate Justice Karl Miranda confirmed that it was accepting the resolution promulgated by the Sixth Division dated 8 July.

The said resolution contained a finding from the latter court that the case built on a violation of the gift-giving prohibition was by nature accessory to the crime of plunder.

To recall, the case against both respondents which also includes former congressman Mike Defensor and Aristotle Viray stemmed from a ₱75-million campaign donation that the senator received prior to the previous national elections.

The exchange was flagged not only because Marcoleta was a solon at the House of Representatives at the time as questions were raised on why the amount was not disclosed on either his Statement of Assets, Liabilities, and Net Worth (SALN) and his Statement of Contributions and Expenditures (SOCE).

Initial investigations were carried out at the Commission on Elections (COMELEC), however, it was found that the donations could not be viewed as an election offense given that the ₱75-million was received before the now senator officially declared candidacy.

Despite not being charged under COMELEC, the Office of the Ombudsman conducted its own separate probe, finding that the exchange violated a provision under the anti-plunder law.

The Ombudsman had also mentioned that it built its case from the own admission of Marcoleta during a live broadcast, where the issue was first publicly uncovered.

With the decision of the Third Division to consolidate the cases, joint trials would be conducted on the aforementioned cases.

Notably, not all trials against the four individuals will be held in the same courtroom as the cases linking Marcoleta to either Defensor or Viray were raffled off to the Fourth and First Divisions of the Sandiganbayan, respectively.

Marcoleta has remained under the custody of authorities at the PNP General Hospital in Camp Crame since Monday, 6 July, while his co-accused are detained at the New Quezon City Jail - Male Dormitory in Payatas.