(UPDATE) THE Sandiganbayan Seventh Division on Tuesday issued a precautionary hold departure order against Sen. Rodante Marcoleta, former lawmaker Michael Defensor, Aristotle Viray and Joseph Espiritu.
Earlier on Tuesday, the court conducted a hearing on the Ombudsman’s application for the issuance of a precautionary hold departure order against the four.
“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.
Ombudsman 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 P75 million on three separate occasions constitute the crime of plunder.”
“Aside from the lack of a clear purpose or pending transaction for which the amounts received may be a consideration, there is no showing that the gifts would still be given were it not for Respondent’s position on government. Hence it cannot be denied that the P75 Million was given by Respondents Defensor, Espiritu and Viray by reason of Respondent Marcoleta’s office,” the investigators said.
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.
Investigators said Marcoleta, Defensor, Espiritu and Viray should also be charged for violation of Presidential Decree 46, which makes it punishable for any public official or employee to receive, directly or indirectly and for private persons to give, or offer to give, any gift or present to such officials or employees for past favors, or the expectation of favors 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 possess 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.
The investigators said Marcoleta on Jan. 6, 2025, received P30 million from Defensor which was “evidenced by a donor’s tax return and a... deposit slip showing that Defensor paid the donor’s tax” on Dec. 17, 2025.
The investigators said that Marcoleta on Jan. 8, 2025, received P25 million from Espiritu which was “evidenced by a donor’s tax return and a... deposit slip showing that Espiritu paid the donor’s tax” on Dec. 15, 2025.
The investigators said Marcoleta on Jan. 9, 2025, received P20 million from Viray.
The investigators said that Marcoleta, in his statement of contributions and expenditures for the 2025 election, declared no cash or in-kind donation.
The investigators said the Commission on Elections had conducted its own investigation of the donations made to Marcoleta, but dismissed a disqualification case against him because the donations were made before the start of the campaign period.
