Marcoleta suspended for 90 days over plunder charges
MANILA, Philippines — The Sandiganbayan Third Division has ordered the preventive suspension of Sen. Rodante Marcoleta from his post as a senator due to plunder charges.
In a resolution penned by Justice Karl Miranda and promulgated on October 19, the anti-graft court ordered Marcoleta suspended for 90 days, effective upon his receipt of the resolution.
The suspension will automatically be lifted once the 90-day period expires, according to the anti-graft court.
The suspension stemmed from two separate cases filed against the lawmaker involving plunder and an alleged violation of Presidential Decree (P.D.) No. 46.
According to the charges, during his tenure as the SAGIP Party-List representative, Marcoleta allegedly amassed P75 million in ill-gotten wealth, which he did not declare in his Statement of Contributions and Expenditures.
He allegedly received the donations from his co-accused, former lawmaker Mike Defensor and businessman Aristotle Viray.
In its resolution, the anti-graft court explained that under Republic Act (R.A.) No. 7080, or the Plunder Law, and R.A. No. 3019, or the Anti-Graft and Corrupt Practices Act, preventive suspension is mandatory once a valid Information has been established.
The anti-graft court noted that there is no requirement for a pre-suspension hearing for plunder under its Internal Rules or existing jurisprudence.
“Considering that the Information has been determined to be valid, it becomes the ministerial duty of the Court to forthwith issue the order of preventive suspension. The Court has neither the discretion nor duty to determine whether or not a preventive suspension is required. There are no ifs and buts about it,” the anti-graft court said.
The anti-graft court maintained that a plain reading of the factual allegations in the Informations, if hypothetically admitted, sufficiently establishes the elements of plunder and violation of P.D. No. 46.
The Sandiganbayan also assured the public that Marcoleta's suspension will not disrupt the legislative branch.
“Moreover, the preventive suspension of Sen. Marcoleta will not affect the functions of the Senate. The Senate, a collegial body composed of 24 Senators, can still perform its functions even during the preventive suspension of a member. The Senate committees may also continue to perform their tasks through their remaining members,” the anti-graft court said.
On October 12, the anti-graft court also imposed a 90-day suspension on Sen. Jinggoy Estrada due to plunder charges.
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