Ex-Rep. Defensor, businessman seek bail in P75-M plunder case

Former Anakalusugan party-list Rep. Mike Defensor and businessman Joseph Espiritu have filed a petition for bail, seeking temporary freedom amid a P75 million plunder charge filed against them. The case stems from an undeclared P75 million donation made to then Sagip party-list Rep. Rodante Marcoleta, who is also a candidate for the 2025 senatorial elections. In their bail petition, Defensor and Espiritu argued that the prosecution lacks sufficient evidence to prove their guilt. They stated that if the evidence of guilt is strong, the accused has a greater incentive to flee, whereas if the evidence is not strong, the risk of flight is minimal, and the accused is entitled to bail as a matter of right. They contend that there has been no showing that the evidence against either Defensor or Espiritu is strong. Furthermore, they argued that the warrants of arrest issued by the Sandiganbayan (anti-graft court) on July 6 were based on "probable cause," a much lower standard of proof than "strong evidence." They pointed out that the Supreme Court has equated "strong evidence" with "proof evident," "evident proof," and "presumption great," and that the current evidence does not meet this standard. They added that there is no strong evidence that Defensor gave a P30 million donation to Marcoleta, or that Espiritu gave P25 million, "by reason of" Marcoleta's "office or position." They also asserted that there is no proof of conspiracy among themselves, Marcoleta, and co-accused Aristotle Viray to amass P75 million in ill-gotten wealth. They are respectfully praying that the court immediately admit them to bail in an amount it deems appropriate and order their release upon posting of the bail. According to the Ombudsman, Marcoleta received the P75 million on three separate occasions: P30 million from Defensor on January 6, 2025; P25 million from Espiritu on January 8, 2025; and P20 million from Aristotle Viray, another co-accused, on January 9, 2025. Marcoleta, Defensor, Espiritu, and Viray are currently detained at the New Quezon City Jail.