MANILA — Sen. Rodante Marcoleta faces a 90-day suspension from office after the Sandiganbayan ruled that his preventive suspension is mandatory under the law in connection with a plunder case involving P75 million in alleged undeclared campaign contributions.
In a resolution issued on Monday, October 19, the anti-graft court’s Third Division ordered Marcoleta’s suspension, rejecting the need for a separate hearing before imposing the measure.
The court invoked Republic Act 7080, or the Plunder Law, and Republic Act 3019, or the Anti-Graft and Corrupt Practices Act, which it said require the preventive suspension of an accused public official once a valid criminal information has been filed.
“There is no requirement for a pre-suspension hearing before an accused can be preventively suspended in a case of plunder under the court’s Internal Rules or in jurisprudence,” the Sandiganbayan said.
“The provisions on preventive suspension under the Plunder Law and the Anti-Graft and Corrupt Practices Act are worded similarly, and both laws provide that preventive suspension is mandatory when there is a valid information,” it added.
The ruling means Marcoleta could be temporarily barred from exercising his official functions as senator while the criminal proceedings continue, although the suspension does not constitute a finding of guilt.
The Sandiganbayan further determined that the allegations contained in the criminal informations, if hypothetically admitted, sufficiently established the elements of plunder and a violation of Presidential Decree 46, which prohibits public officials from receiving gifts.
The case centers on P75 million in alleged undeclared campaign contributions involving Marcoleta and three other respondents.
Also named as co-accused are former Anakalusugan party-list representative Mike Defensor and businessmen Joseph Espiritu and Aristotle Viray, who were identified as alleged donors of the campaign funds.
Marcoleta’s camp has maintained that the money in question constituted legitimate campaign contributions.
The senator’s petition for bail in the plunder case had earlier been submitted for resolution by the anti-graft court.
Under the suspension order, Marcoleta’s temporary removal from office will automatically lapse 90 days after its implementation begins.
The preventive suspension is intended to operate while the criminal proceedings are pending and does not determine whether Marcoleta or his co-accused are guilty of the charges.
The case will proceed independently of the suspension order, with the court yet to resolve Marcoleta’s pending bail application./PN
