Ombudsman flags Marcoleta for raps dropped by Comelec

The Office of the Ombudsman’s field investigation bureau in Luzon has recommended charging Sen. Rodante Marcoleta with plunder and three counts of indirect bribery over alleged campaign donations worth P75 million support his Senate bid last year.

The bureau recommended the same chargers against three of Marcoleta’s donors, namely, former Rep. Mike Defensor and a certain Joseph Espiritu and Aristotle Viray, based on a copy of the complaint lodged on May 18 and obtained by the Inquirer on Friday.

The Commission on Elections (Comelec), which has earlier terminated the moto proprio investigation on Marcoleta and declared that no election offense was committed, said it was ready to assist the Ombudsman. However, it said there were no plans of reviving the probe since no motion for reconsideration had been filed.

According to the complaint, Defensor, Espiritu and Viray in January 2025 donated P30 million, P25 million and P20 million, respectively, for Marcoleta’s senatorial bid.

“Respondent Marcoleta’s acceptance of gifts with an aggregate amount of P75 million on three separate occasions constitute the crime of plunder,” it stated.

It said Marcoleta should also be charged with indirect bribery “for accepting the gifts from private individuals, which although not given as consideration for a specific act, were actually given because of his position or potential influence as a public officer.”

Donation not in SALN

The complaint further noted that Marcoleta failed to observe the norms of public officials under Section 4 of the Republic Act No. 6713 or the Code of Conduct and Ethical Standards for Public Officials.

“As clearly established from the records, Respondent used his position to unjustly enrich himself in violation and utter disregard of norms of conduct and ethical standards he is expected to observe,” it stated.

It pointed out that the P75 million donation was not declared in Marcoleta’s statement of assets, liabilities, and net worth (SALN) as of June 30, 2025.

Instead, it said, Marcoleta only declared P39.6 million in his SALN, which he said he acquired from 1992 to June 30, 2025.

In his December 2025 SALN, the complaint said Marcoleta only declared cash and savings amounting to P16.7 million.

“The amount declared in his entry SALN in the Senate did not reflect the PhP75,000,000.00 worth of donations,” it said.

“While Respondent Marcoleta’s failure to declare the donations/contributors from Respondents Defensor, Espiritu, and Viray did not constitute any election offense, his acts as discussed above should nevertheless give rise to criminal and administrative liabilities,” the complaint further stated.

Not in Soce either

The complaint also noted that Marcoleta declared “no cash or in kind contributions” in his statement of contribution and expenditures (Soce) he submitted to the Comelec.

Comelec Chair George Erwin Garcia previously noted that Marcoleta received donations prior to the start of the campaign period of the 2025 elections.

The campaign period for the 2025 elections began on Feb. 11, 2025, or a month after the donation was supposedly made.

In 2009, the Supreme Court ruled that a candidate is only liable for election offenses only upon the start of the campaign period.

The Comelec has cited this to clear Marcoleta from any election offense.

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Meanwhile, the Office of the Ombudsman, in an order on May 21, directed Marcoleta, Defensor, Espiritu, and Viray to submit a counter-affidavit within a non-extendible period of 15 days. Complainants should file their reply five days upon the receipt of their counter affidavits.

Marcoleta, Defensor, Espiritu, and Viray have not responded to Inquirer’s request for comment.

‘Allocables’

In March, Sen. Panfilo Lacson, in a privilege speech, brought up that Marcoleta’s “admission” regarding the donations could fall under indirect bribery.

Then on May 6, Lacson accused Marcoleta of allegedly receiving P500 million in “allocables,” according to a note by the late Public Works Undersecretary Maria Catalina Cabral.