Sandiganbayan suspends Marcoleta as senator

MANILA, Philippines — The Sandiganbayan Third Division on Monday suspended Sen. Rodante Marcoleta for 90 days due to his plunder case.

Marcoleta was charged with plunder for allegedly accepting a P75-million donation while serving as a party-list lawmaker.

“Senator Rodante D. Marcoleta is suspended from his position as Senator of the Republic of the Philippines and from any other public office which he may now or hereafter be holding for a period of 90 days from receipt of this resolution,” the anti-graft court division said in a statement.

Marcoleta’s suspension shall automatically be lifted upon the expiration of the 90-day period from the implementation of the court resolution.

Republic Act No. 7080, or the Anti-Plunder Act, provides for the preventive suspension of any official facing a plunder case.

According to the court, the information sufficiently alleged that Marcoleta “amassed ill-gotten wealth by receiving personal gifts or donations” from his donors and co-accused, former Rep. Mike Defensor and businessmen Joseph Espiritu and Aristotle Viray.

Defensor, Espiritu and Viray purportedly donated P30 million, P25 million and P20 million, respectively, to Marcoleta.

The third division is also handling one of three cases involving a violation of Presidential Decree No. 46, involving Marcoleta and Viray.

Upon determining that the information in the plunder case was valid, the Third Division said the issuance of a preventive suspension became a ministerial duty.

“The court has neither the discretion nor duty to determine whether or not a preventive suspension is required,” it said. “There are no ifs and buts about it.”

“The allegations regarding the factual records and violation of Sen. Marcoleta’s freedom of expression and political participation and equal protection of the laws are matters to be threshed out and established during the trial of the cases,” it added. “At this stage, the court needs only to determine whether the facts alleged in the Informations, if hypothetically admitted as true, would constitute the elements of the offenses charged therein.”

READ: Marcoleta raises jurisdiction issue over campaign contribution case

Special prosecutors had already rested their case on the first day of Marcoleta’s plunder trial on Oct. 8, moving to stipulate the testimony of their remaining witnesses and adopt the testimonies given during the senator’s bail hearing.

It will be Marcoleta’s turn to present his evidence this Thursday.

READ: Marcoleta case possible speedy disposition ‘may break record’

Ombudsman Jesus Crispin Remulla said the speedy disposition of Marcoleta’s plunder case could be record-breaking.

Remulla said Marcoleta’s case could be resolved in less than a year, compared with previous plunder cases that he said took up to 15 years to resolve. /mcm