Court orders Marcoleta’s 90-day suspension
The Sandiganbayan Third Division has ordered the 90-day preventive suspension of Senator Rodante Marcoleta in connection with his plunder case involving P75 million in alleged campaign donations that he did not declare in 2025.
In a resolution dated 19 October, the anti-graft court cited jurisprudence under the Anti-Graft and Corrupt Practices Act and the Anti-Plunder Act, saying a preventive suspension was mandatory once the information filed against an accused was found to be valid.
The court said a pre-suspension hearing was unnecessary.
“Considering that the information has been determined to be valid, it becomes the ministerial duty of the court to forthwith issue the order of preventive suspension. The court has neither the discretion nor duty to determine whether or not a preventive suspension is required,” the resolution read.
The Third Division also addressed Marcoleta’s arguments that his suspension would violate his freedom of expression, political participation, and equal protection under the law, as well as his claim that the Sandiganbayan lacked jurisdiction because the money involved constituted election contributions.
The court said these issues were better addressed during the trial, stressing that its task in the preliminary stage was to determine whether the information sufficiently alleged the elements of the offenses charged.
On jurisdiction, the resolution said cases separately filed before the Commission on Elections and the Sandiganbayan could proceed independently because the two institutions handle distinct proceedings.
The court also maintained that Marcoleta’s preventive suspension would not paralyze the Senate, noting that the chamber could continue performing its functions with its remaining members.
“The Senate, a collegial body composed of 24 senators, can still perform its functions even during the preventive suspension of a member,” the resolution stated.
Marcoleta faces one count of plunder and three counts of violating Presidential Decree No. 46, or the anti-gift giving law, over his alleged receipt of P75 million in campaign donations from three individuals.
Former Representative Mike Defensor and businessmen Joseph Espiritu and Aristotle Viray were also charged in the case as alleged co-conspirators.
On 12 October, Ombudsman prosecutors rested their case on the plunder charge after presenting seven witnesses during the bail hearings and trial proper.
Marcoleta’s lawyers are scheduled to begin presenting their evidence on 22 October.
Ombudsman Jesus Crispin Remulla recently described the case as potentially “record-breaking,” saying it could be resolved in less than a year.