Sandigan suspends Marcoleta for 90 days

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MANILA, Philippines — Sen. Rodante Marcoleta will be barred from carrying out the functions of his office for three months, the Sandiganbayan declared yesterday.

MANILA, Philippines — Sen. Rodante Marcoleta will be barred from carrying out the functions of his office for three months, the Sandiganbayan declared yesterday.

The anti-graft court’s Third Division – which handles Marcoleta’s cases of plunder and violation of Presidential Decree 46 that prohibits public officials from receiving and asking for gifts – handed down the 90-day preventive suspension against the senator.

Marcoleta, currently detained at the New Quezon City Jail, is prohibited “from (assuming) position as senator, or from any other public office, for a period of 90 days from receipt thereof,” the Third Division’s clerk of court Dennis Pulma said.

The court’s ruling was based on provisions on preventive suspension under Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and RA 7080 or the anti-plunder law, which it noted were “worded similarly and both laws provide that preventive suspension is mandatory when there is a valid Information.”

“The information for plunder and violation of PD No. 46 are, thus, valid,” it maintained.

The Sandiganbayan also maintained Marcoleta’s suspension “will not affect the functions of the Senate” as a collegial body.

Marcoleta and his co-accused Joseph Espiritu face plunder and PD 46 charges over the senator’s acceptance of P75 million in campaign donations, wherein Espiritu gave P25 million. Also detained with them are former congressman Mike Defensor and Aristotle Viray, who contributed P30 million and P20 million, respectively.

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