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Marcoleta SOCE Legal consequence

Sandiganbayan 7th Division grants PHDO vs Marcoleta, Defensor, and 2 donors in P75M SOCE plunder case

The Sandiganbayan Seventh Division on Tuesday, May 26, 2026, granted the Office of the Ombudsman's petition for a precautionary hold-departure order against Sen. Rodante Marcoleta, former Quezon City 2nd District Rep. Mike Defensor, Joseph Espiritu, and Aristotle Viray. The court issued the order one day after the Ombudsman filed the petition on May 25, citing a "clear and substantial flight risk" among the four. The four are respondents in the May 21, 2026 Ombudsman order that directed each to file counter-affidavits on plunder under Republic Act 7080, indirect bribery under Article 211 of the Revised Penal Code, and violation of Presidential Decree 46. The underlying complaint, signed by the Ombudsman Field Investigation Bureau on May 18, alleges that Defensor (₱30 million), Espiritu (₱25 million), and Viray (₱20 million) gave Marcoleta a combined ₱75 million on January 6, 8, and 9, 2026, none of which Marcoleta declared in his Statement of Contributions and Expenditures. The Ombudsman's petition argued that the respondents were aware of possible criminal charges that could result in restraint of liberty and substantial fines, providing a compelling motive to evade jurisdiction. The Sandiganbayan's grant restricts the four from international travel while the plunder complaint proceeds through preliminary investigation. Marcoleta's standing posture, set in a May 25, 2026 privilege speech in the Senate, is that the underlying complaint is "trumped-up" and "a warning shot fired at those who refuse to kneel," tied to his role in the flood control investigation and the impeachment trial of VP Sara Duterte. He had not issued a fresh statement specifically on the May 26 PHDO through publication. Defensor's standing posture, set May 22 to 25, has been that the complaint is "completely baseless" and that he and the other respondents are "prepared to fully defend" themselves.

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