Sandiganbayan denies Marcoleta motion to delay arrest warrant despite 'impeachment duties' — ANC

[0:00] Senator Rodante Marcoleta has been arrested over plunder charges filed by the Office of the Ombudsman. [0:06] Let's get more details now from our correspondent, Cassandra Salonga. [0:09] Cass, over to you. [0:10] So, Carmina, Senator Rodante Marcoleta said he will face his charges [0:15] and will not hide from the law after the Sandeep and Bayan 3rd Division issued a warrant of arrest [0:20] and hold departure orders against him. [0:23] And his correspondent, former lawmaker Mike Defensor, and two businessmen facing plunder charges [0:29] over the alleged nondisclosure of 75 million pesos in campaign donations. [0:34] Attorney Patrick Velez, Marcoleta's counsel, said his client surrendered [0:38] because he was already at the Sandeep and Bayan as an act of good faith when the arrest order was issued. [0:44] This comes after a personal of the CIDG confirmed that the senator was arrested. [0:50] But as of now, Carmina, the court has not yet issued a statement [0:53] on whether Marcoleta has indeed surrendered or was arrested. [0:57] Earlier, the court denied the motion to suspend proceedings [1:00] and to defer the issuance of warrants of arrest filed by Marcoleta [1:04] and his correspondents Defensor and Espiritu. [1:08] Marcoleta's counsel argued that the issuance of a warrant of arrest [1:11] will hinder Marcoleta's duties as a senator [1:14] and his participation in the impeachment trial of Vice President Sara Duterte. [1:20] However, Associate Justice Carl Melandes said [1:22] the court of law is beyond the political arena in which legislators are a part of. [1:28] The defense also argued that the information does not constitute an offense [1:32] which the prosecution rejected. [1:34] The court has given the prosecution three days to file a comment [1:37] on the motions of Marcoleta, Defensor, and Espiritu [1:40] to quash the information charging them with plunder. [1:44] After the hearing, Carmina, Associate Justice Carl Melandes said [1:47] he made the exemption of talking to the media for the first time in 10 years [1:51] to prevent an information vacuum [1:54] where verified information is parsed [1:57] and quickly filled with speculation and misinformation. [2:01] He said the issuance of the warrant of arrest against the respondents [2:04] signify that the court found probable cause [2:06] to believe that they committed the offense charge. [2:09] He also emphasized that the warrant of arrest [2:12] does not make the accused automatically guilty [2:14] and that they continue to enjoy the presumption of innocence [2:17] until their guilt is proven beyond reasonable doubt. [2:21] Carmina, Marcoleta already left the Sandigan buying premises [2:24] at 11 a.m. and is set to undergo booking procedure at Camp Crame. [2:28] He is set to be committed to the Kesson City Jail in Payatas [2:31] where Senator Jinko Estrada and former Senator Ramon Bonavilla Jr. [2:36] are also currently detained. [2:38] Marcoleta's correspondents have not yet appeared here at the court as of now. [2:43] Back to you, Carmina. [2:44] Thanks a lot. [2:45] Cassandra Salonga there joining us on the line. [3:08] Both the prosecution and the defense say they are ready [3:11] for the historic impeachment trial of Vice President Sarah Duterte, [3:14] which is set to begin in just a few hours. [3:16] Another high-stakes face-off is expected [3:19] between lead House Prosecutor Jervil Luistro [3:23] and lead defense counsel Sheila Sison [3:25] as both are set to deliver their opening statements on day one of the trial. [3:30] Defense team spokesperson Michael Poas says each side [3:33] will be given around 15 to 20 minutes for its opening statement. [3:38] Meanwhile, there is still no confirmation [3:40] on whether the Vice President will personally attend the opening of the proceedings. [3:45] Whether it will be the rules and procedures in court, [3:59] the direction of examination of the witness, [4:04] the evidence-in-chief of the execution, [4:08] we will be able to do it. [4:09] Meanwhile, House impeachment advisor and spokesperson Robert A.S. Barber [4:15] says the focus at the start of the trial [4:17] should be on evidence, the witnesses, and due process, [4:21] and not political noise. [4:22] The first day is expected to be devoted to establishing the legal framework of the trial, [4:27] meaning no witnesses are expected to take the stand yet. [4:32] What is important is that [4:34] mailatag ng mabuti ang ebidensya, [4:37] madinig ito ng ating mga kababayan, [4:39] at tapusin ang proseso. [4:41] So this is a manifestation or a testament to the constitutional process [4:49] that our elected public officials are duty-bound to uphold. [4:57] So ito ay tarabaho nila, gawin nila, [5:00] at I am sure once the evidence is presented clearly to the people, [5:05] then the senator judges naman are duty-bound [5:07] to render a decision based on the facts that they heard and they've seen. [5:18] Well, we're just counting hours before the historic impeachment trial begins there at the Senate. [5:22] Let's get an update on the situation there. [5:24] Correspondent Victoria Tulad, [5:26] keeping an eye on developments at the upper chamber. [5:28] Victoria, over to you. [5:29] I mean, the majority senators gathered at around 10 a.m. [5:36] for a majority caucus at the sixth floor, [5:39] but we are still waiting for information on what they have discussed [5:43] or if the caucus is still ongoing. [5:46] We were able to talk to Senate President Sherwin Gatchalian [5:49] after the flag racing ceremony earlier at around 8.30 a.m., [5:52] but he refused to say what topics they will discuss, [5:56] saying that he did not want to preempt the majority caucus. [6:00] He did reiterate, however, [6:01] that he is still the presiding officer of the impeachment court. [6:06] This has been one of the issues the past days [6:08] because there has been news that former Senate President Francis Cheese Escudero [6:12] could be the presiding officer. [6:14] According to Majority Leader, [6:16] Senator Juan Miguel Zubiri also spotted at the sixth floor earlier, [6:21] the issue of the presiding officer will be one of the topics in their caucus. [6:25] During the flag racing, [6:26] Gatchalian also asked the Senate employees for their trust. [6:30] He committed that he will not do anything [6:32] that will tarnish the image of the Senate. [6:34] In terms of the situation here at the Senate, [6:37] Carmina particularly here at the second floor, [6:39] there is not much happening as of this time. [6:42] The media is still preparing for their live coverages, [6:45] for their special coverage. [6:47] And the Senate session hall, [6:48] people are still not allowed to enter that room. [6:52] The prosecution team, Carmina, [6:53] also had a press conference at 10 a.m. today, [6:57] and they emphasized that evidence will be the key [6:59] in this impeachment trial. [7:01] Regarding Senator Dante Marcoleta, [7:03] so far, no senator has issued any comment [7:06] on the surrender of Marcoleta at the Sandigan Bayan earlier. [7:10] And that is the latest from the Senate. [7:12] Back to you, Carmina. [7:13] All right, Victoria, a couple of questions for you [7:14] before we let you go. [7:16] Talk to us about the setup there at the Senate. [7:20] No other media outfit, right, [7:22] is allowed to bring in their cameras [7:24] and cover what is happening there at the court. [7:27] There's only one feed that will be made available [7:30] to all the media outfits, [7:31] and that's going to be the Senate feed. [7:33] Am I correct? [7:37] That's correct, Carmina. [7:38] No media network was allowed inside [7:41] to put up their own camera setup inside the session hall. [7:46] We are all hooked up to the live feed [7:48] that will be coming from the Senate press office. [7:51] This is different from, as I am told, [7:54] from what happened during the corona trial [7:56] where media organizations were able [7:58] to put up their own setup inside the session hall. [8:01] There was also a memo or an advice [8:04] that cell phones cannot be used by the media [8:07] inside the session hall during the trial. [8:10] So it would be a big challenge for us to report [8:13] if you are staying inside the session hall [8:15] during the impeachment trial. [8:16] Carmina. [8:17] Yeah, but the good thing about that, though, [8:18] is that everyone will be watching the same feed. [8:21] Everyone will be watching the same image [8:24] from day one up to the end of this impeachment trial. [8:27] Victoria. [8:29] That's correct, Carmina. [8:32] Although we also want to watch out [8:33] for the side events inside the session hall [8:37] because not all of the things that are happening [8:41] inside the session hall will be caught [8:44] by the camera of the Senate press office. [8:47] So we're also watching out for the side drama [8:49] inside the session hall during the trial. [8:51] But, of course, members of the media [8:54] will also be given access inside. [8:55] So we will have information. [8:57] But, as you said, until the end of the impeachment trial, [9:00] which is projected to last for seven to eight months, [9:03] we will all be watching the same live feed. [9:06] Have you seen even the shadow [9:08] of former Senate President Alan Peter Cayetano, Victoria? [9:14] We have not seen former Senate President [9:16] Alan Peter Cayetano, Carmina. [9:18] There is no word yet from his staff [9:20] if he will be here or if he has arrived earlier. [9:24] Gatchalian also called on all senators, [9:28] including the minority senators, [9:29] to attend the impeachment trial. [9:32] Last week, during the caucus on Friday, [9:34] Senators Loren Legarda and Robin Hood Padilla, [9:37] who are members of the minority bloc, [9:39] attended the all senators caucus. [9:41] And that gave Gatchalian assurance [9:44] that they are cooperating [9:47] or that they will be attending [9:48] the impeachment trial, Carmina. [9:50] All right. [9:51] We've got a long day ahead of us, Victoria. [9:53] I'll see you in a bit. [9:54] Day one of the impeachment trial [9:55] set to begin in a matter of hours. [9:57] Our very own Victoria Tulad, [9:59] they're reporting live from the Senate. [10:01] From there, the House prosecution team [10:03] holding a briefing earlier this morning [10:04] where they urged the public to withhold judgment [10:07] until all the evidence is laid out. [10:09] Let's get more details from our correspondent, [10:11] Katrina Domingo. [10:12] Kat, over to you. [10:16] Hi, Carmina. [10:17] The prosecution panel is distancing itself [10:19] and the impeachment proceedings [10:20] from the recent arrest of Senator Rodante Marcoleta, [10:23] saying that the apprehension of a senator judge [10:27] hours before the start of the trial [10:29] should neither hinder nor affect the proceedings. [10:32] Now, in a press conference [10:32] that concluded just a few minutes ago, [10:35] the defense, or rather, [10:37] the prosecution spokespersons [10:39] said that Marcoleta's plundered case [10:42] is a separate legal issue [10:44] outside of the Senate impeachment court. [10:46] Now, while the prosecutors [10:47] do not mind Marcoleta's absence [10:49] from this afternoon's proceedings, [10:51] the person that they are actually eager to see [10:53] is Vice President Sara Duterte herself, [10:56] saying that the accused's attendance [10:58] and the opening of the trial [11:00] signals her seriousness [11:02] in answering questions [11:03] about her alleged misuse of confidential funds, [11:06] misdeclarations in her salens, [11:09] bribery within the Education Department, [11:11] and threatening to assassinate [11:13] President Ferdinand Marcos Jr. [11:15] Now, Carmina, speaking of that [11:17] supposed assassination plot [11:18] against the president, [11:20] this will be the first article of impeachment [11:22] that the prosecution will present [11:24] before the trial court, [11:25] saying that this is the issue [11:27] that needs least explaining [11:29] as the video of the Vice President's meltdown [11:31] in late 2024 speaks for itself. [11:34] Now, on the matters of opening the BIR box, [11:37] which contains the tax records [11:39] of the Vice President [11:40] and her husband, Man Scarpio, [11:42] as well as the adjusting [11:44] of a two-thirds voting threshold [11:46] for a conviction, [11:48] the prosecution panel says [11:49] that they will have to wait [11:50] and see how the Senate impeachment court [11:52] will decide on these matters [11:54] before they respond appropriately. [11:57] For Carmina hours ahead [11:58] of the impeachment trial, [11:59] the prosecution panel remains confident [12:01] and optimistic [12:02] that the trial will begin on time, [12:05] underscoring that they will oppose [12:07] any attempt to further delay [12:08] the proceedings. [12:09] Carmina. [12:10] Kat, a couple of questions, [12:12] if you don't mind. [12:13] What is the prosecution panel saying [12:15] with regard to presenting [12:18] all their evidence and witnesses [12:19] from Articles 1 through 4? [12:22] Are they inclined to finish [12:23] all articles of impeachment [12:25] or if they have enough evidence [12:28] to convict with only one article [12:33] or even two? [12:34] Are they inclined to just not go through [12:37] with the rest of the articles [12:38] of impeachment? [12:39] Did they say anything about that? [12:43] Carmina, they are quite inclined [12:45] to present all the pieces of evidence [12:47] that they have gathered [12:48] and mounted against Vice President [12:50] Sara Duterte, [12:52] but they have also conceded [12:53] that there is a need [12:54] to abbreviate the proceedings [12:55] following the call [12:57] from senator judges [12:58] to shorten the length [12:59] of the proceedings. [13:01] Carmina, the prosecution panel [13:03] earlier mentioned [13:05] that the most important part, [13:08] that their focus as of the moment [13:10] in the following days [13:11] is to make sure [13:12] that the public understands [13:13] the alleged transgressions [13:15] that the Vice President [13:16] has committed. [13:17] So far, they say [13:18] that they are not in the business [13:19] of counting the potential votes [13:21] that they will get [13:22] from senator judges, [13:24] but says that they are just focused [13:26] on making sure [13:27] that all these articles [13:29] of impeachment [13:29] will be laid out [13:30] as expeditiously [13:32] and as efficiently as possible. [13:34] Carmina. [13:34] All right. [13:35] Our very own Katrina Domingo [13:36] there joining us live.