Sandigan orders consolidation of Marcoleta's plunder, gift receipt cases

MANILA, Philippines — One of the cases of Sen. Rodante Marcoleta pertaining to violation of a presidential decree prohibiting government officials from receiving gifts should be consolidated with his plunder case for a joint trial, a Sandiganbayan division ordered.

In an eight-page resolution dated July 8, Wednesday, the anti-graft court’s Sixth Division said the case in violation of Presidential Decree No. 46 filed against Marcoleta and one of his donors Joseph Espiritu should be consolidated with the plunder case handled by the Third Division.

The Sixth Division said the PD No. 46 case “is merely a component” of plunder currently pending before the Third Division.

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“[T]he proper course of action is to consolidate the present case for Violation of Presidential Decree No. 46 with the case for Plunder for joint trial,” stated the resolution.

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The PD No. 46 case under Sixth Division is under the docket number ESB-26-CRM-0020, while the plunder case under the Third Division is docketed under E-SB-26-CRM-0018.

The Sixth Division resolution said: “E-SB-26-CRM-0018, pending before the Third Division, and ESB-26-CRM-0020, pending before this Court, appear to have arisen from the same facts, involve the same parties, and will entail the presentation of substantially the same witnesses and documentary evidence during trial.”

The Sixth Division also said the consolidation of two cases “will promote the speedy disposition of cases, serve the convenience of the parties and the interest of justice, and prevent conflicting rulings on the same set of facts.”

The 2018 Revised Internal Rules of the Sandiganbayan states that a case would be consolidated under the division with the lowest docket number, in this case the Third Division.

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The resolution also moved for the forwarding of the case records “subject to the acceptance” of the Third Division.

The plunder case of Marcoleta, his donors – businessmen Espiritu, Aristotle Viray and former Rep. Mike Defensor – stemmed from the P75 million campaign donation the senator received from them while he was a party-list lawmaker.

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According to state prosecutors, the donation was not declared in the senator’s financial and campaign disclosures.

Marcoleta also faces two counts of violation of PD No. 46 under the anti-graft court’s First and Fourth Divisions.

The First Division handles the PD No. 46 case with Viray named as Marcoleta’s co-accused, while the Fourth Division got the same case with Defensor as the senator’s co-accused.

Authorities have returned to the anti-graft court the arrest warrants for Defensor, Espiritu and Viray.

The three have since been jailed at New Quezon City Jail in Barangay Payatas.

On the other hand, Marcoleta was hospitalized due to chest pains and high blood pressure.

Once he is cleared, the senator is expected to return to Sandiganbayan Third Division before being committed to the same jail facility where Defensor, Espiritu and Viray were sent.

The arraignment and pretrial of Marcoleta and his co-accused in the Third Division were initially scheduled on July 10, but it has since been postponed due to their pending motions. /apl

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