Marcoleta declines to plead; court enters not guilty plea in gift case

MANILA, Philippines — The Sandiganbayan entered a not guilty plea for Sen. Rodante Marcoleta on Monday, August 3, after the lawmaker declined to plead to a charge under Presidential Decree 46, which prohibits public officials from receiving gifts.

The anti-graft court's First Division entered the plea during Marcoleta's arraignment.

Marcoleta's co-accused, Aristotle Viray, pleaded not guilty to the charge.

In an interview with reporters, Marcoleta's lawyer, Moises Tolentino Jr., said the senator did not enter a plea before the anti-graft court because he has a pending petition before the Supreme Court questioning the Ombudsman's resolution in the case.

"First action that we did was a motion to quash. This was not granted, so we have to appeal for another legal remedy that is open to us," Tolentino said.

On July 22, Marcoleta and his co-accused Joseph Espiritu pleaded not guilty to plunder before the anti-graft court's Third Division.

Marcoleta's other co-accused, former lawmaker Mike Defensor and Viray, also pleaded not guilty to plunder charges on July 15.

Ombudsman prosecutors allege that Marcoleta accepted P75 million in undeclared campaign contributions while serving as an active party-list lawmaker.

The funds allegedly came from Espiritu, who gave P20 million; Defensor, who gave P30 million; and Viray, who gave P25 million. Prosecutors said the amounts were not included in Marcoleta's official financial and election disclosures.