The Sandiganbayan 4th Division has issued an arrest warrant and a hold departure order against Senator Rodante Marcoleta and former congressman Mike Defensor for the alleged violation of Presidential Decree No. 46, which prohibits public officials from receiving gifts. The court set bail at P30,000 for the two men, who also face a separate, non-bailable plunder case filed by the Office of the Ombudsman on July 3.
Legal developments and detention status
The warrant issued on Wednesday, July 8, marks the latest legal action against the two officials. Defensor is currently detained at the Quezon City Jail-Male Dormitory alongside two co-accused in the plunder case. Meanwhile, the court has directed the Philippine National Police (PNP) to keep Senator Marcoleta in the custody of the Criminal Investigation and Detection Group (CIDG) while he undergoes a medical evaluation.

Did You Know? Presidential Decree No. 46, the basis for the Sandiganbayan’s recent warrant, specifically prohibits public officials from receiving gifts.
Medical condition of Senator Marcoleta
According to the PNP, Senator Marcoleta was admitted to the PNP General Hospital after reporting chest and nape pain accompanied by a ringing sensation in his right ear. Police officials stated that the senator remains conscious and responsive, showing no signs of cardiorespiratory distress. He is currently undergoing diagnostic work-ups, and the results remain pending.
Potential consolidation of cases
The legal proceedings may change as the Sandiganbayan 6th Division has proposed consolidating its gift-prohibition case—which involves Marcoleta and businessman Joseph Varias Espiritu—with the plunder case currently held by the 3rd Division. Associate Justice Sarah Jane Fernandez stated that the alleged violation of PD No. 46 is a component of the broader plunder allegations. The 6th Division noted that consolidation could prevent conflicting rulings and promote a speedy disposition of the cases, though the 3rd Division has yet to accept the request.
Frequently Asked Questions
Why is Senator Marcoleta in police custody?
He is being held by the PNP CIDG following an arrest warrant issued by the Sandiganbayan. He is currently at the PNP General Hospital for medical evaluation regarding chest and nape pain.
What is the difference between the cases against the officials?
The officials face a non-bailable plunder case involving P75 million in alleged campaign donations, as well as separate, bailable cases for violating Presidential Decree No. 46, which prohibits public officials from receiving gifts.
What happens if the cases are consolidated?
If the Sandiganbayan 3rd Division accepts the 6th Division’s request, the multiple cases regarding the alleged gifts will be merged into the primary plunder case. This is intended to promote a speedier trial and prevent inconsistent rulings across different court divisions.
How might the ongoing medical evaluations of the accused impact the speed of the upcoming court proceedings?
