Defensor, Espiritu seek bail in P75-M plunder case over donation to Marcoleta

Defensor, Espiritu seek bail in P75-M plunder case over donation to Marcoleta Former Anakalusugan party-list Rep. Mike Defensor and businessman Joseph Espiritu have filed a petition for bail to secure temporary freedom amid the P75 million plunder charge filed against them. Defensor and Espiritu, whose plunder case stemmed from a P75 million undeclared donation to then Sagip party-list and 2025 senatorial bet Rodante Marcoleta, argued that the prosecution does not have evidence against them. “The rationale is that, if evidence of guilt is strong, the accused has a greater incentive to flee. On the other hand, if the evidence of guilt is not strong, there is little risk of flight, and the accused is entitled to bail as a matter of right. Here, there has been no showing that the evidence against either accused Defensor or Espiritu is strong,” the accused said in their petition for bail dated July 28. Defensor and Espiritu also argued that the Sandiganbayan issued warrants of arrest against them last July 6 on the basis of probable cause which is a “much lower standard of proof than strong evidence.” “Consistent with the presumption of innocence enjoyed by the accused, the prosecution bears the burden of proving that evidence of guilt is strong. The Supreme Court has equated "strong" evidence with "proof evident," "evident proof," and "presumption great," Here, the evidence does not meet the standard of "proof evident," "evident proof," or "presumption great,” their motion read. “There is no strong evidence that accused Defensor gave a donation of P30 million to accused Marcoleta "by reason of" his (Marcoleta's) "office or position. [And] there is no strong evidence that accused Espiritu gave a donation of P25 million to accused Marcoleta "by reason of" his "office or position,” they added. Further, Defensor and Espiritu said there is no proof that they conspired with each other or with accused Marcoleta and/or Viray in order that accused Marcoleta may amass, accumulate, or acquire ill-gotten wealth in the amount of P75 million. “Wherefore, premises considered, accused Michael T. Defensor and Joseph V. Espiritu respectfully pray that the Honorable Court immediately admit them to bail in such amount as the Honorable Court may fix and order their release upon posting of the bail. Other relief, just and equitable under the premises, is likewise prayed for,” they added. According to the Ombudsman, Marcoleta received the P75 million on three separate occasions: Jan. 6, 2025 — P30 million from Defensor Jan. 8, 2025 — P25 million from Espiritu Jan. 9, 2025 — P20 million from Aristotle Viray, who is also one of the accused in the plunder case. Marcoleta, Defensor, Espiritu and Viray are all detained at the New Quezon City Jail in Payatas. — RSJ, GMA News