The Sandiganbayan Third Division has asked Sen. Rodante Marcoleta as to why he should not be suspended in his upper chamber position in view of his plunder case.
In a July 22 order that was furnished to the media on Thursday, the anti-graft court division gave Marcoleta, through his counsel, a non-extendible period of 10 days ‘to explain why he should not be preventively suspended from office as an incumbent member of the Philippine Senate.’
The court said this is pursuant to Section 5 of the Republic Act No 7080 or the Anti-Plunder Act, which provides for the preventive suspension of any official facing a plunder case.
On Monday, Francis ‘Chiz’ Escudero, senator-judge and presiding officer, announced that Marcoleta has submitted a letter of manifestation asking to have his vote considered in the proceedings before the Senate impeachment court trying the case of Vice President Sara Duterte.
Escudero expressed that he was ‘inclined to agree’ with Marcoleta’s suggestion, as long as he does not face any suspension.
Marcoleta is part of the minority bloc perceived to be pro-Duterte.
On Wednesday, Marcoleta already pleaded not guilty to charges of plunder and violating a presidential decree that prohibits government officials from receiving, and private individuals from conferring, gifts in the Sandiganbayan.
The Third Division handles the plunder case of Marcoleta, his donors former Rep. Mike Defensor and businessmen, Joseph Espiritu and Aristotle Viray, over a P75 million campaign donation the senator received while being a sitting party-list lawmaker, which, according to state prosecutors, was not declared in the senator’s financial and campaign disclosures.
Of the said donation, P30 million came from Defensor, P25 million from Espiritu, and P20 million from Viray.
Marcoleta has been imprisoned in the male dormitory of the New Quezon City Jail in Barangay Payatas since July 15.