Marcoleta, 3 co-accused seek dismissal of P75-M plunder case

MANILA, Philippines — Senator Rodante Marcoleta and his co-accused have asked the Sandiganbayan Third Division to dismiss the P75-million plunder case against them.

Third Division Clerk of Court Atty. Dennis Pulma shared the information with reporters on Wednesday.

“All of the accused – Senator Marcoleta, Mike Defensor, Espiritu, Viray – all of the accused already filed their respective motions for leave to file demurrer to evidence,” Pulma said. 

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Marcoleta’s co-accused are former lawmaker Mike Defensor, businessmen Aristotle Viray and Joseph Espiritu. 

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READ: P75-M plunder case filed vs Marcoleta, 3 ‘friends’

A demurrer to evidence is filed by an accused to dismiss a case against them, asserting that the prosecution failed to establish sufficient evidence to prove the case. 

Pulma added that the prosecution will be given five days from the notice to submit their consolidated comments towards the respective motions filed. 

Their non-bailable plunder case pertains to the P75 million donation allegedly received by Marcoleta while serving as a representative of SAGIP Party-list. Marcoleta earlier admitted in a television show that he received the funds from his three “friends.”

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READ: Sandiganbayan suspends Marcoleta as senator

Defensor, Espiritu, and Viray purportedly donated P30 million, P25 million, and P20 million, respectively to Marcoleta. 

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Last October 19, the Third Division suspended Marcoleta as a senator for 90 days due to his plunder case. The Republic Act No. 7080 or the Anti-Plunder Act provides for the preventive suspension of any official facing a plunder case. /jpv