One of the lawyers of Senator Rodante Marcoleta told the Sandiganbayan First Division on Monday that the defense had filed a petition before the Supreme Court questioning the cases filed by the Office of the Ombudsman against their client.

Atty. Moises Tolentino said there is a pending petition before the high court seeking the dismissal of the plunder case and the alleged violation of Presidential Decree (P.D.) No. 46, otherwise known as the Anti-Gift Giving Law.

Tolentino clarified, however, that he was not fully aware of the contents and details of the petition, as he had only entered his appearance as a member of Marcoleta's legal team on Monday, 3 August.

Marcoleta, along with his co-accused, businessman Aristotle Viray, appeared before the anti-graft court for the arraignment on one of the senator's three counts of violating P.D. No. 46.

Viray pleaded not guilty, while Marcoleta refused to enter a plea because of his pending petition before the Supreme Court. The Sandiganbayan First Division then entered a plea of not guilty on his behalf.

Notably, Marcoleta had previously pleaded not guilty to two other counts of violating P.D. No. 46 and to the separate plunder charge.

His camp had earlier filed a motion to quash the cases but later withdrew it to expedite the proceedings on his petition for bail.

Aside from the senator and Viray, former congressman Mike Defensor and Joseph Espiritu were identified as alleged co-conspirators in Marcoleta's purported receipt of a total of P75 million in donations before the 2025 national elections.

Marcoleta has maintained that he is being politically persecuted because of his efforts to pursue the alleged flood control scandal and his stance on the impeachment trial of Vice President Sara Duterte as a member of the Senate minority.

Because plunder is a non-bailable offense, the senator has been detained at the Quezon City Jail–Male Dormitory since 15 July, the same facility where fellow minority bloc member Senator Jinggoy Estrada is being held in connection with a separate plunder case related to the alleged flood control anomaly.