The Sandiganbayan Third Division has ordered the preventive suspension of Senator Rodante Marcoleta for 90 days in connection with his pending ₱75-million plunder case and a separate case involving the alleged acceptance of gifts in violation of Presidential Decree No. 46.
In a resolution promulgated on Monday, October 19, the court directed Marcoleta’s suspension from his position as senator and any other public office he may hold, effective upon receipt of the resolution. The suspension will automatically be lifted after the 90-day period.
The resolution was penned by Third Division Chairperson Justice Karl B. Miranda, who said the court found the criminal charges against Marcoleta legally sufficient to warrant preventive suspension.
The plunder case stemmed from allegations that Marcoleta, then a representative of the SAGIP Party-list, received gifts or donations totaling ₱75 million from former congressman Mike Defensor and businessmen Joseph Espiritu and Viray.
According to the information, Marcoleta allegedly received ₱30 million from Defensor, ₱25 million from Espiritu, and ₱20 million from Viray by taking advantage of his official position and connections to unjustly enrich himself at the expense of the government and the Filipino people.
In the separate case involving P.D. No. 46, Espiritu was accused of giving Marcoleta ₱25 million in connection with the latter’s official position or functions.
The court explained that preventive suspension is mandatory once a valid information has been established, adding that a pre-suspension hearing is not required under the applicable rules and 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 resolution stated.
“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 Sandiganbayan also said allegations concerning Marcoleta’s freedom of expression, political participation, and equal protection rights must be addressed during trial.
It clarified that the suspension would not paralyze the Senate, as the chamber’s remaining members and committees could continue performing their duties.
The order concerns preventive suspension and does not constitute a judgment of guilt. The allegations against Marcoleta remain subject to judicial proceedings.
