Philippine Sen. Rodante Marcoleta, backed by the Iglesia ni Cristo (Church of Christ), whose members staged protests over the case against him, was arrested Monday after an anti-graft court ordered his detention on a non-bailable plunder charge, hours before the Senate opened the impeachment trial of Vice President Sara Duterte.
Marcoleta appeared before the anti-graft court to pursue motions seeking to quash the plunder case and defer the issuance of a warrant of arrest. The Sandiganbayan’s Third Division denied both motions before ordering his arrest.
Interior Secretary Jonvic Remulla said Marcoleta’s appearance before the court and his arrest formed part of the same process.
“Was he arrested or did he surrender? It was both,” Remulla told reporters.
“He went there voluntarily sa Sandiganbayan to file a motion to quash, subsequently when it was denied, we closed down the building, we arrived, we arrested him,” he added.
Marcoleta said he had expected the court’s action, would not go into hiding, and intended to face the charges and the legal process.
His lawyer, Patrick Velez, described Marcoleta’s appearance before the court as an “act of good faith” and said the senator had voluntarily submitted to the court’s jurisdiction.
Associate Justice Karl Miranda said the court found probable cause to issue the warrant, explaining that “the issuance of the warrant of arrest signifies only that after evaluating the records, the court found probable cause to believe that the accused committed the offense charged.”
He stressed that the warrant “does not constitute a determination of guilt,” adding that “all the accused continue to enjoy the constitutional presumption of innocence until their guilt is proven beyond reasonable doubt.”
“Again, the court’s proceedings are governed solely by the Constitution, the applicable laws, and the evidence properly presented before me– before it,” he added.
The case stems from allegations that Marcoleta received 75 million pesos (about US$1.3 million) in campaign funds that prosecutors said he failed to disclose. Under the Anti-Plunder Act, a public official may be prosecuted for allegedly amassing at least 50 million pesos in ill-gotten wealth.
Former lawmaker Mike Defensor and businessmen Joseph Espiritu and Aristotle Viray were also charged in the case. Defensor and Espiritu were arrested Monday.
Marcoleta’s arrest came as the Senate opened the impeachment trial of Vice President Duterte, one of his closest political allies.
His lawyers had argued that issuing a warrant of arrest would prevent him from carrying out his duties as a senator and participating in the proceedings.
Miranda rejected the argument, saying the court of law is beyond the “political arena” in which legislators are part of.
Marcoleta is the second Duterte ally in the Senate to face criminal proceedings in recent weeks. Last month, prosecutors charged Sen. Jose “Jinggoy” Estrada over his alleged involvement in a corruption case involving bogus flood control projects.
Another Duterte ally, Sen. Ronald “Bato” Dela Rosa, remains in hiding after narrowly escaping arrest on an International Criminal Court warrant over his alleged role in the deadly anti-drug campaign carried out under former President Rodrigo Duterte.
The charges against Marcoleta prompted two days of protests by thousands of members of the Iglesia Ni Cristo, an influential Philippine church to which the senator belongs.
In a video message before one of the demonstrations, church spokesman Edwil Zabala said the rally was calling for “transparency” in standing by Marcoleta. He earlier described the case against the senator as “selective justice.”
