Court division OKs joint trial of Marcoleta’s plunder, ‘gift’ raps

MANILA, Philippines — Sen. Rodante Marcoleta’s plunder case and one of the three counts of violating Presidential Decree (PD) 46 will be tried together in the Sandiganbayan Third Division.

PD 46 prohibits government officials and employees from accepting gifts, regardless of the occasion.

Sandiganbayan Third Division Chairperson, Associate Justice Karl Miranda announced the consolidation of the cases, transferring the cases from the 6th division where it was originally raffled.

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READ: Marcoleta on plunder, bribery raps: At least I stated truth

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On Wednesday, the Sixth Division forwarded the case records of PD No. 46 to the Third Division, which had accepted them.

“The court hereby accepts the consolidation,” Miranda said during a hearing to check on Marcoleta’s health.

In an eight-page resolution, the Sixth Division said the PD No. 46 case “is merely a component” of plunder currently pending before the Third Division, noting that it is proper to consolidate “PD No. 46 with the case of plunder for joint trial.”

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

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Defensor, Espiritu and Viray, allegedly donated the respective amounts of P30 million, P20 million and P25 million to Marcoleta’s senatorial campaign.

The Sixth Division had handed the PD No. 46 case against Marcoleta and his co-accused Joseph Espiritu.

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Aside from his plunder and PD No. 46 case now consolidated in the Third Division, Marcoleta also faces two counts of violating PD No. 46 in 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 handles the same case, with Defensor as the senator’s co-accused.

Authorities have returned the arrest warrants for Defensor, Espiritu and Viray to the anti-graft court, and the three have since been jailed at New Quezon City Jail in Barangay Payatas.

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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. /mr