Comelec may summon Marcoleta over Soce
Sen. Rodante Marcoleta may be asked to explain why he failed to disclose the campaign donations he received when he ran for the Senate in the May elections, as the Commission on Elections (Comelec) begins examining the statements of contributions and expenditures (Soces) filed by senators and House representatives.
In an ambush interview with reporters on Thursday, Comelec Chair George Erwin Garcia confirmed that the poll body’s political finance and affairs department has started investigating the Soces of those who ran in the midterm elections, including all sitting members of Congress.
Donors’ request
Asked if Marcoleta was among those who would be asked to explain, Garcia said it was only proper to give him an opportunity to do so.
“If it reaches that point, yes. It might reach that point because, of course, to also give an avenue or venue for the candidates or public officials to have a way to explain themselves. That is only proper because as everyone should remember, we have what you call presumption of innocence,” he added.
Marcoleta’s Soce came into question after he said in a recent interview over NET25 that he did not include any of the contributions he received for the midterm polls in his Soce because the donors had asked that they not be identified.
Based on his Soce, the senator received zero contributions as he reported over P112 million in campaign expenditures. The figure was much higher than his declared net worth of P51.96 million in his statement of assets, liabilities and net worth (SALN) as of June 30.
‘True name’ required
Marcoleta explained that he would be forced to reveal the identities of his campaign contributors had he included their donations in his Soce.
Garcia, on the other hand, noted that Section 98 of the Omnibus Election Code requires the disclosure of the contributors’ real names and prohibits the use of pseudonyms or aliases.
The provision states in full: “True name of contributor required—No person shall make any contribution in any name except his own nor shall any candidate or treasurer of a political party receive a contribution or enter or record the same in any name other than that of the person by whom it was actually made.”
Section 99 of the election code also provides that “the report required to be submitted by candidates or political parties must contain no lies and only facts. This is the basis of the submission of Soces,” according to Garcia.
“It says there that all of the contributors must be detailed, all that were received must be detailed, and all expenditures must also be detailed, including the money that was donated or those that came from personal funds,” he explained.
According to the Comelec chief, violation of the provisions would constitute an election offense, with a corresponding penalty of one year to six years of imprisonment. Putting wrong information in one’s Soce may also classify as perjury or falsification of public documents, he added.
SALNs needed
In conducting its investigation, the Comelec would have to compare an individual’s Soce against their SALNs to determine any discrepancies between the two.
Garcia said they were studying how to make a request for the SALNs of the elected officials they were investigating, whether this should be addressed to the Ombudsman or to the offices or agencies of the officials themselves.
“Our only problem here is that the SALN is not certified. The court will be needing that certification. The Comelec does not have the power to subpoena the SALNs,” he noted.
“In the same manner, which our Ombudsman already mentioned, there are processes before we can obtain these SALNs,” Garcia said.
