Prosecution rests case vs Marcoleta on first day of plunder trial

MANILA, Philippines — The prosecution on Thursday wrapped up its presentation of evidence against Sen. Rodante Marcoleta during the first day of the plunder case trial before the Sandiganbayan Third Division over a P75 million campaign donation.

Marcoleta’s co-accused include former Rep. Mike Defensor, and businessmen Joseph Espiritu and Aristotle Viray.

The prosecution rested its case after both parties agreed to dispense with the testimony of the prosecution’s last two witnesses during the trial presided by Associate Justice Fritz Bryn Anthony Delos Santos.

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Prosecutor Joshua Tan said they were supposed to present lawyers Cecil Federizo and Lucia Paula Corrales. 

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Federizo notarized the deeds of donation of Marcoleta’s three donors, while Corrales is a clerk of court who received the notarial book containing such records.

The deed of donation was notarized in Pasig City in November 2025, which means the notarial records should be submitted in the Pasig Regional Trial Court’s office of the clerk of court.

READ: Marcoleta ‘solicited’ campaign funds from coaccused – witness

‘Lawyer-client privilege‘

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Tan, however, said Federizo invoked lawyer-client privilege when they sought to interview her as witness.

“We have yet to interview the witness (Federizo) … because she is seeking to be exempted from it,” Tan told the court.

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Marcoleta’s lawyer David Gabriel maintained that “the act of notarization is covered by the lawyer-client privilege.”

Tan said that Marcoleta’s camp, through a motion, is “preventing” the presentation of Federizo, despite listing her as one of their witnesses.

“It is not acceptable on our end,” the prosecutor said of Marcoleta’s motion.

However, Gabriel said they will no longer present Federizo as a witness, while agreeing to stipulate on certain matters pertaining to Corrales’ testimony.

Instead, both prosecution and defense stipulated or agreed on the authenticity, genuineness, and due execution of the deeds of donation.

The offer for stipulation for their two witnesses means that the prosecution is done with the presentation of evidence.

Bail issue up for resolution 

The court, through Delos Santos, ordered the prosecution to submit by October 15 the formal offer of evidence containing the stipulation of facts regarding Federizo and Corrales. 

As for the defense counsels of Marcoleta and other accused, Delos Santos said they are required to comment on the prosecution’s formal offer within five days from receipt.

The prosecution, through Tan, also confirmed that they will adopt the testimonies of their witnesses during the bail hearing of Marcoleta and his three co-accused.

Both parties have also submitted to the court their respective memoranda outlining their position on the matter regarding the petition for bail, copies of which they have already furnished to each other, according to Delos Santos.

That being said, Delos Santos said “the court now considered the issue on bail as submitted for resolution.”

Delos Santos said the next court setting will be on Oct. 19, and David confirmed to reporters that it will be their turn to present evidence on that date.

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Aside from plunder, Marcoleta and his co-accused face charges for violation of Presidential Decree No. 46 which prohibits private individuals from giving gifts to public officials, and the latter from receiving them. /gsg