Former Rep. Mike Defensor and businessman Joseph Espiritu have filed a petition for bail before the Sandiganbayan Third Division for their plunder case stemming from their campaign donation to their co-accused Sen. Rodante Marcoleta.
Defensor and Espiritu filed the bail petition on Wednesday, weeks after manifesting before the Third Division open court that they will not file such a measure.
In a five-page petition furnished to the media on Thursday, Defensor and Espiritu said they are entitled to bail on the ground that the evidence of their guilt is not strong.
‘The evidence against accused Defensor and Espiritu is not strong,’ the petition stated.
‘Accused Michael T. Defensor and Joseph V. Espiritu respectfully pray that the Honorable Court immediately admit them to bail in such amount as the Honorable court may fix and order their release upon posting of the bail,’ it added.
Plunder is a non-bailable offense and carries a penalty of life imprisonment. Under the law, bail may only be granted if the court finds that the evidence of guilt is not strong.
Defensor, Espiritu and another businessman, Aristotle Viray, donated a P75 million campaign donation to Marcoleta when the senator was still a sitting party-list lawmaker, which, according to state prosecutors, was not declared in his financial and campaign disclosures.
Defensor allegedly donated P30 million, Viray P25 million, and Espiritu P20 million for Marcoleta’s senatorial bid in the 2025 elections.
The petition said there is no strong evidence that Defensor and Espiritu’s donation is ‘by reason of Marcoleta’s office or position.’
It also said there is no strong evidence that Defensor and Espiritu ‘conspire with each other or with accused Marcoleta and/or Viray in order that accused Marcoleta may amass, accumulate, or acquire ill-gotten wealth’ worth P75 million.
After the filing of a petition, the court is expected to conduct a bail hearing.
‘There will be bail hearings for the reception of evidence,’ their lawyer Laurence Arroyo told Inquirer in a text message.
‘The burden is on the prosecution to establish that evidence of guilt is not strong.’
For his part, Marcoleta’s camp said they will file a petition for bail, but the senator still has a pending motion to quash or junk his plunder case before the court.
Associate Justice Karl Miranda, Third Division chairperson, said the court will first resolve the senator’s motion before setting the bail hearing.