MANILA, Philippines — The Sandiganbayan Seventh Division on Tuesday issued a Precautionary Hold Departure Order (PHDO) against Sen. Rodante Marcoleta, former lawmaker Michael Defensor, Aristotle Viray, and Joseph Espiritu.
Earlier on Tuesday, the court conducted a hearing on the Verified Ex Parte Application For the Issuance of a Precautionary Hold Departure Order.
"Respondents pose a clear and substantial flight risk," the application filed by the Office of the Ombudsman on Monday read. "Undoubtedly, respondents are aware of possible criminal charges against them that could result in restraint of liberty and imposition of substantial fines. This provides a compelling motive to evade this jurisdiction before the criminal process can fully take hold", it read.
Field investigators filed a complaint before the Office of the Ombudsman against the four individuals last May 18, alleging that "Marcoleta's acceptance of gifts with an aggregate amount of PhP75 Million on three separate occasions constitute the crime of Plunder".
Aside from wanting the Ombudsman's office to file a plunder case in court against Marcoleta, Defensor, Espiritu, and Viray, the investigators wanted the same office to file three indirect bribery cases against the senator.
Marcoleta, Defensor, Espiritu, and Viray "should also be charged for violation of Presidential Decree (PD) No. 46," the investigators said.
PD 46, the investigators said, "made it punishable for any public official or employee, whether of the national or local governments, to receive, directly or indirectly, and for private persons to give, or offer to give, any gift, present or other valuable thing on any occasion, including Christmas, when such gift, present, or other valuable thing is given by reason of his official position, regardless of whether or not the same is for past favor or favors or the giver hopes or expects to receive a favor or better treatment in the future from the public official or employee concerned in the discharge of his official functions."
The application said that the respondents' "involvement" suggested "access to significant financial resources" and that "a person with access to substantial...financial resources possesses a far greater capacity to abruptly leave the country, sustain himself abroad and evade prosecution for an extended period."
In an Order dated May 21, 2026, the Office of the Ombudsman gave the respondents 15 days from receipt of its order to file counter-affidavits.
Marcoleta said in a post on Facebook that the complaint was "without evidence of public injury, official favor, corrupt consideration, or abuse of office".
“There was no illegal act, no corrupt transaction, no favor sought, and absolutely no conspiracy to commit any crime,” Defensor said.
